AfricanDNA.com Terms of Use Agreement

November 5, 2007

AfricanDNA.com is a DNA testing and genealogy services. The services offered by AfricanDNA.com ("AfricanDNA.com" or "we") include the AfricanDNA DNA tests, the website (the "AfricanDNA Website"), the AfricanDNA.com personal pages, genealogy research services and any other features, content, or applications offered from time to time by AfricanDNA.com (collectively, the "AfricanDNA Services").

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the AfricanDNA Services. By using the AfricanDNA Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the AfricanDNA Website) or you are a "Member" (which means that you have used any of the AfricanDNA Services). The term "User" refers to a Visitor or a Member. You are only authorized to use the AfricanDNA Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the AfricanDNA Website and discontinue use of the AfricanDNA Services immediately. If you wish to become a Member, communicate with other Members and make use of the AfricanDNA Services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes AfricanDNA.com's policy for acceptable use of the AfricanDNA Services and Content posted on the AfricanDNA Website, your rights, obligations and restrictions regarding your use of the AfricanDNA Services and AfricanDNA.com's Privacy Policy.

AfricanDNA.com may modify this Agreement from time to time and such modification shall be effective upon posting by AfricanDNA.com on the AfricanDNA Website. You agree to be bound to any changes to this Agreement.

Please choose carefully the information you post on AfricanDNA.com and that you provide to other Users in your personal page. Information provided by other AfricanDNA.com Members which are listed in your matches page, per the Optional Release Form may contain inaccurate information, and AfricanDNA.com assumes no responsibility or liability for this material. If you become aware of misuse of the AfricanDNA Services by any person, please contact AfricanDNA.com by using the "Contact Us" link at the bottom of this page.

AfricanDNA.com reserves the right, in its sole discretion, to reject, refuse provide all or any part of the AfricanDNA Services at any time, for any or no reason, with or without prior notice, and without liability.

1.Term. This Agreement shall remain in full force and effect while you use the AfricanDNA Services or are a Member.

2.Password. When you sign up to become a Member, you will be given a password. You are entirely responsible for maintaining the confidentiality of your password. You agree to notify AfricanDNA.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

3.Non-commercial Use by Members. The AfricanDNA Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by AfricanDNA.com. Illegal and/or unauthorized use of the AfricanDNA Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email. Appropriate legal action will be taken for any illegal or unauthorized use of the AfricanDNA Services.

4.Proprietary Rights in Content on AfricanDNA.com.

    1.The AfricanDNA Services contain Content of AfricanDNA.com ("AfricanDNA.com Content"). AfricanDNA.com Content is protected by copyright, trademark, patent, trade secret and other laws, and AfricanDNA.com owns and retains all rights in the AfricanDNA.com Content and the AfricanDNA Services. AfricanDNA.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the AfricanDNA.com Content (excluding any software code) solely for your personal use in connection with your genealogical research, and provided that AfricanDNA.com is mentioned as the source.

5.Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to e-mail to matches listed in your personal page. AfricanDNA.com reserves the right to investigate and take appropriate legal action against anyone who, in AfricanDNA.com's sole discretion, violates this provision, including without limitation, removing the Member from it's database. Prohibited Content includes, but is not limited to Content that, in the sole discretion of AfricanDNA.com:

   1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

   2. harasses or advocates harassment of another person;

   3. exploits people in a sexual or violent manner;

   4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;

   5. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

   6. promotes an illegal or unauthorized copy of another person's copyrighted work

   7. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging or "spamming";

   8. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

   9. solicits passwords from other Users;

   10. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;

The following is a partial list of the kind of activity that is illegal or prohibited on the AfricanDNA Website and through your use of the AfricanDNA Services. AfricanDNA.com reserves the right to investigate and take appropriate legal action against anyone who, in AfricanDNA.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

   11. copyright infringement;

   12. any automated use of the system, such as using scripts to obtain information from the database;

   13. interfering with, disrupting, or creating an undue burden on the AfricanDNA Services or the networks or services connected to the AfricanDNA Services;

   14. attempting to impersonate another Member or person;

   15. using any information obtained from the AfricanDNA Services in order to harass, abuse, or harm another person;

   16. using the AfricanDNA Services in a manner inconsistent with any and all applicable laws and regulations.

6. Member Disputes. You are solely responsible for your interactions with other AfricanDNA.com Members. AfricanDNA.com reserves the right, but has no obligation, to monitor disputes between you and other Members.

7. Privacy. Use of the AfricanDNA Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

8. Disclaimers. AfricanDNA.com is not responsible for any incorrect or inaccurate Content posted on the AfricanDNA Website or in connection with the AfricanDNA Services, whether caused by Users of the AfricanDNA Services or by any of the equipment or programming associated with or utilized in the AfricanDNA Services. AfricanDNA.com is not responsible for the conduct, whether online or offline, of any User of the AfricanDNA Services. AfricanDNA.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member information. AfricanDNA.com is not responsible for any problems or technical malfunction of computer online systems, servers or providers, computer equipment, software, failure due to technical problems or traffic congestion on the Internet or on any of the AfricanDNA Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the AfricanDNA Services. Under no circumstances shall AfricanDNA.com be responsible for any loss or damage, including personal injury or death, resulting from use of the AfricanDNA Services, attendance at a AfricanDNA.com event, from any Content posted on or through the AfricanDNA Services, or from the conduct of any Users of the AfricanDNA Services, whether online or offline. The AfricanDNA Services are provided "AS-IS" and as available and AfricanDNA.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement.

9. Limitation on Liability. IN NO EVENT SHALL AFRICANDNA.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF AFRICANDNA.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AFRICANDNA.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO AFRICANDNA.COM FOR THE AFRICANDNA SERVICES THAT HAVE BEEN USED

10. Disputes. If there is any dispute about or involving the AfricanDNA Services, you agree that the dispute shall be governed by the laws of the State of Texas, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Texas, City of Houston. Either AfricanDNA.com or you may demand that any dispute between AfricanDNA.com and you about or involving the AfricanDNA Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Houston, Texas, USA, provided that the foregoing shall not prevent AfricanDNA.com from seeking injunctive relief in a court of competent jurisdiction.

11. Indemnity. You agree to indemnify and hold AfricanDNA.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the AfricanDNA Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

12. Other. This Agreement is accepted upon your use of the AfricanDNA Website or any of the AfricanDNA Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and AfricanDNA.com regarding the use of the AfricanDNA Services. The failure of AfricanDNA.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. AfricanDNA.com is a trademark of AfricanDNA, LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.