TERMS and CONDITIONS OF USE AGREEMENT

(Effective Date: June 9, 2007)

Yeabo.com, a division of Nkosi Holdings, Inc. (hereinafter the “Company”), provides you access to the Yeabo.com websites (hereinafter the “Sites”) subject to your complete acceptance of the terms and conditions set forth below (the “Agreement”). PLEASE READ THIS AGREEMENT CAREFULLY. If you do not fully accept the terms and conditions set forth in this Agreement, then you may not access, browse, submit a personal ad, or otherwise utilize any of the Sites.

The Company reserves the right to change or modify this Agreement, or any policy or guideline referenced herein, at any time and in its sole discretion without any prior notice to you. If this Agreement is changed, we shall post the new terms on the Sites and change the Effective Date accordingly. Any changes or modifications will be effective upon posting and your access to, and use of, the Sites following the posting of such changes or modifications will constitute your acceptance of the Agreement as revised.

RELATED POLICIES:

Privacy Policy. The Company believes strongly in protecting user privacy and providing you notice of our collection and use of data, including personally identifying-information, collected from the Sites. To learn about Company’s information-collection-and-use practices and policies, please refer to our Privacy Policy.

COPYRIGHT AND AUTHORIZED ACCESS:

All copyrighted and copyrightable materials on these Sites, including, without limitation, the design, text, graphics, pictures, sound files and other files, and the selection and arrangement (”Materials”) thereof and Thinking Outside the Borders are ALL RIGHTS RESERVED Copyright © 2007 Nkosi Holdings, Inc. and/or its licensors. You are granted a limited, non-sublicensable right to access the Sites and print the Materials for your personal, non-commercial, and informational use only. Any other use is strictly prohibited without the express, written consent of the Company.

The foregoing license grant does NOT include the right for you to:

1. publish, publicly perform or display, or distribute to any third party any Materials, including reproduction on any computer network or broadcast or publications media;

2. market, sell, or make commercial use of the Sites or any Materials;

3. systematically collect and use of any data or content including the use of any data mining, robots, or similar data gathering and extraction methods;

4. make derivative uses of the website or the Materials; or

5. use, frame, or utilize framing techniques to enclose any portion of the Sites (including the images found at the Sites or any text or the layout/design of any page or form contained on a page).

Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Company or any third party. Any unauthorized use of the Sites will automatically terminate the permission or license granted to you by this Agreement.

LIQUIDATED DAMAGES FOR UNAUTHORIZED USE:

Commercial use of the Sites is strictly prohibited. If you, directly or indirectly, use the Sites for a commercial purpose (e.g., purchasing the contact information of persons who post their personal ads on the Sites for any business related activity and/or any unauthorized linking to the Sites), then you hereby accept and agree that the Company has been injured by your actions and is entitled to liquidated damages in the amount five hundred United States dollars ($500.00) for each person ad that is used for a commercial purpose. You irrevocably agree to waive all defenses to the enforceability of this liquidated damages provision in any proceedings before any arbitrator and/or court of competent jurisdiction over any dispute between you and the Company arising from your use of the Sites.

COPYRIGHT COMPLAINTS:

The Company respects the intellectual property of others. If you believe that your work has been copied and has been posted, stored or transmitted to the Sites in a way that constitutes copyright infringement, please provide Company’s copyright agent with the following written information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed upon;
3. A description of where the material that you claim is infringing is located on the Sites;
4. Your name, address, telephone number, and e-mail address;
5. 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;
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

The Company’s copyright agent for notice of claims of copyright infringement on the Sites can be reached as follows:

Nkosi Internet Holdings, Inc.
c/o Lafayette Law Group, P.C.
333 E. City Avenue, Suite 300
Bala Cynwyd, PA, 19004-1512

TRADEMARK AND SERVICE MARKS:

The trademarks and service marks displayed on the Sites are registered and unregistered trademarks of Nkosi Holdings, Inc. and may not be copied, imitated or used, in whole or in part, without the prior written permission of Company or, if applicable, its licensor. Moreover, Company’s custom graphics, button icons, scripts, and page headers are covered by trademark, trade dress, copyright or other proprietary right law, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Company. Company’s trademarks, service marks, and trade dress may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits the Company. “Yeabo,” the “Graphic Icon” design and all other Company’s marks and logos, and the Company’s products and services described on the Sites, are either trademarks, service marks, or registered trademarks of Nkosi Holdings, Inc. or its affiliates, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company or its affiliates. All other trademarks, service marks, registered trademarks, product and service names, and company names or logos that appear on the Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company. You may not use any meta tags or any other “hidden text” utilizing Company’s name, trademark, or product name without Company’s express written consent.

THIRD PARTY PRODUCTS AND SERVICES:

Parties other than Company offer and provide products and services on or through the Sites. Except for Company-branded information, products or services that are specifically identified as being supplied by the Company, the Company does not endorse any information, products, or services of Third Parties in any way. Except for Company-identified information and Company-branded products or services, all information, products, and services offered through the Sites or the internet generally are offered by third parties that are not affiliated with Company. Company is not responsible for examining or evaluating, and Company does not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Company does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

PRODUCT AND SERVICE DESCRIPTIONS AND PRICING:

Both the Company and third parties offering information, products, or services on the Sites attempt to be as accurate as possible. However, Company does not warrant that information, product, and service descriptions or other content of the Sites is accurate, complete, reliable, current, or error-free. Despite our efforts, it is possible that a product or service offered on the Sites may be mis-priced or contain an inaccuracy in its description. It is also possible that the contact details of our Members may be inaccurate. In the event Company determines that a product or service is mis-priced or contains an inaccurate description, Company reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error, including without limitation to canceling your order. You agree to notify Company immediately if you become aware of any pricing, descriptive errors, or inconsistencies with any products or services you order through the Sites.

LINKING:

Links to the Sites. You are granted a limited, nonexclusive right to create a hypertext link to the homepage of the Sites, provided such link does not portray the Company or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. You may not use a Company logo or other proprietary graphic or trademark of Company to link to the Sites without the express written permission of Company. This limited right may be revoked at any time.

Third-Party Links. Company makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party websites or services accessible by hyperlink from the Sites, or third-party web sites linking to the Sites. Such linked websites are not under the control of Company and Company is not responsible for the content of any such linked website or any link contained in a linked website, or any review, changes or updates to such websites. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Company of the website or any information contained therein. When leaving the Company’s Sites, you should be aware that Company’s terms of use and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that website.

SITE SUBMISSIONS:

You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, photographs, profiles, original or creative materials, or other information, provided by you to Company, or postings to or on the Sites, are non-confidential (except that personal information provided on non-public areas of the Sites is subject to Company’s Privacy Policy) and you grant Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such materials throughout the world in any media now known or hereafter developed with or without acknowledgment to you in Company’s sole discretion and without compensation to you.

You also grant to Company the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Company for any alleged or actual infringement or misappropriation of any proprietary right in your submitted materials and that the submission of any such materials to Company, including the posting of materials to any forum or interactive area on the Sites, irrevocably waives any and all “moral rights” in such materials, including the rights of paternity and integrity.

You represent and warrant that you own or otherwise control all of the rights to the material that you post; that the material is accurate; that use of the material you supply does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify Company for all claims resulting from material you supply.

DISCLAIMERS:

“AS IS” AND “AS AVAILABLE” BASIS. THE SITES AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THE SITES. YOU EXPRESSLY AGREE THAT USE OF THE SITES, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITES, IS AT YOUR SOLE RISK AND RESPONSIBILITY.

WARRANTY DISCLAIMER. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITES. COMPANY DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, SUBJECT TO CORRECTION OR THAT ANY SUCH MATERIALS AVAILABLE FOR DOWNLOAD FROM THE SITES ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. COMPANY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE COMPANY ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE SITES IS SAFE, COMPANY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES OR ITS SERVER(S) WILL BE ERROR-FREE, UNINTERRUPTED, FREE FROM UNAUTHORIZED ACCESS (INCLUDING THIRD-PARTY HACKERS OR DENIAL OF SERVICE ATTACKS) OR OTHERWISE MEET CUSTOMER’S REQUIREMENTS.

YOUR RESPONSIBILITY AND RISK.It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, merchandise, and other information provided on or through the Sites or on the internet generally. The Internet contains unedited materials, some of which are sexually explicit or may be offensive to you. You access such materials at your risk. Company has no control over and accepts no responsibility whatsoever for such materials.

ENFORCEMENT:

Company reserves the right but does not assume the obligation to strictly enforce this Agreement, including without limitation by issuing warnings, suspension, or termination of service, and/or removal, screening, or editing of posted message, data, information, text or other material (”Content”), self help and active investigation, litigation and prosecution in any court or appropriate venue. Company may access, use, and disclose transaction information and Content to comply with the law (e.g., a lawful subpoena); enforce or apply our customer agreements; to initiate, render, bill, and collect for services; to protect our rights or property, or to protect users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS AGREEMENT OR ANY RELATED POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A COMPANY CUSTOMER, SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY SUCH CUSTOMER.

LIMITATIONS OF LIABILITY:

IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OR INABILITY TO USE THE SITES OR THE CONTENT, MATERIALS, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE SITES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITES OR THE CONTENT, MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE SITES, EVEN IF COMPANY OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMPANY (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY), ARISING OUT OF OR RELATING TO THE USE OF COMPANY’S SITES, EXCEED $5.00 OR THE COMPENSATION YOU PAID COMPANY, WHICHEVER IS LESS.

Certain state laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein. In such states, Company’s liability is limited to the greatest extent permitted by law.

INDEMNIFICATION:

You agree to indemnify, defend, and hold harmless Company, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Sites from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by you, or your violation of any rights of a third party.

SEVERABILITY:

If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

ARBITRATION:

In the event of any dispute arising from this Agreement, such dispute shall be settled by arbitration in Philadelphia, Pennsylvania, under the auspices and in accordance with the commercial rules of the American Arbitration Association, and the determination so made shall be binding upon all parties in interest, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction. This Agreement shall be governed and interpreted by the laws of the Commonwealth of Pennsylvania (USA).

Any claim shall be made by filing a written demand for arbitration within one (1) year following the act first giving rise to the claim. The arbitrator shall have no authority to amend or modify the terms of this Agreement or to award punitive or exemplary damages. Each party shall bear its own cost for arbitration, except that the Arbitrator’s fees shall be divided and paid equally by the parties. At all times before, during and after arbitration, either party may seek equitable relief in the form of an injunction from a court of competent jurisdiction without waiving any rights under this Agreement.

ENFORCEABILITY AND ADMISSIBILITY:

This electronic document and any other electronic documents, policies, and guidelines incorporated herein will be: (a) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; (b) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (c) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation, or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.