TERMS AND CONDITIONS FOR THE OBIEWEB ONLINE COMMUNITY

THE OBERLIN COLLEGE ALUMNI WEBSITE

1. Definitions.

The OBIEWeb Online Community ("OBIEWeb") is the interactive on-line service operated by Oberlin College and the Oberlin College Alumni Association (together, the "College") on the World Wide Web of the Internet, consisting of information services and content provided by the College, affiliates of the College and other third parties. "User" means each person who establishes or accesses a connection ("Account") for access to and use of OBIEWeb.

2. General.

(A) This Agreement sets forth the terms and conditions that apply to use of OBIEWeb by User. By using OBIEWeb (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof and with all applicable laws, regulations and rules, including but not limited to the College's Policy for the Acceptable Use of Information Technology Resources. The right to use OBIEWeb is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Accounts (under any screen name or password) and for ensuring that all use of User's Accounts comply fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any.

(B) The College shall have the right at any time to change or discontinue any aspect or feature of OBIEWeb, including, but not limited to, content, hours of availability, and equipment needed for access or use.

(C) The College has not, does not and will never sell alumni information to anyone. All alumni information is strictly guarded for use by individual alumni for personal and College-related purposes only. The College has taken all reasonable precautions to secure the personal information available through OBIEWeb. OBIEWeb is password protected to allow access by registered community members, including alumni, faculty, staff, and students. Although this precaution should effectively protect any personal information available through OBIEWeb from abuse or outside interference, a certain degree of privacy risk is faced any time information is shared over the Internet. Therefore, through the Online Directory feature of OBIEWeb, you have the ability to hide your information from being viewed by other Users.

(D) Throughout the OBIEWeb web pages, links are provided to other servers which may contain information of interest to our Users. Neither the College nor any of its affiliates take any responsibility for, and exercise no control over, the organizations, views, or accuracy of the information contained on other servers.

3. Changed Terms.

The College shall have the right at any time to change or modify the terms and conditions applicable to User's use of OBIEWeb, or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on OBIEWeb, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of OBIEWeb by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.

4. Equipment.

User shall be responsible for obtaining and maintaining all telephone, cable, computer hardware and other equipment needed for access to and use of OBIEWeb and all charges related thereto.

5. User Conduct.

(A) User shall use OBIEWeb for lawful purposes only. User shall not post or transmit through OBIEWeb any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without the College's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in the College's discretion restricts or inhibits any other User from using or enjoying OBIEWeb will not be permitted. User shall not use OBIEWeb to advertise or perform any commercial solicitation, including, but not limited to, "cold calling" or mass mailings for commercial purposes. Information available through OBIEWeb may be used for specific personal and College-related purposes only.

(B) OBIEWeb contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of OBIEWeb are copyrighted as a collective work under the United States copyright laws. The College owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of the College and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

(C) User shall not upload, post or otherwise make available on OBIEWeb any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to OBIEWeb, User automatically grants, or warrants that the owner of such material has expressly granted the College the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants the College the right to edit, copy, publish and distribute any material made available on OBIEWeb by User.

(D) The foregoing provisions of Section 5 are for the benefit of the College, its subsidiaries, affiliates and third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on their own behalf.

6. Disclaimer of Warranty; Limitation of Liability.

(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF OBIEWEB IS AT SUBSCRIBER'S SOLE RISK. NEITHER THE COLLEGE, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, TRUSTEES, MEMBERS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT OBIEWEB WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF OBIEWEB, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH OBIEWEB.

(B) OBIEWEB IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT THE COLLEGE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.

(D) IN NO EVENT WILL THE COLLEGE OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING OBIEWEB OR THE OBIEWEB SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OBIEWEB. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON OBIEWEB.

(E) IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER THE COLLEGE, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN OBIEWEB, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, THE COLLEGE NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.

7. Monitoring.

The College shall have the right, but not the obligation, to monitor the content of OBIEWeb, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by the College and to satisfy any law, regulation or authorized government request. The College shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on OBIEWeb. Without limiting the foregoing, the College shall have the right to remove any material that the College, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

8. Indemnification.

User agrees to defend, indemnify and hold harmless the College, its affiliates and their respective directors, officers, employees, trustees, members and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of OBIEWeb by User or User's Account.

9. Termination.

Either the College or User may terminate this Agreement at any time. Without limiting the foregoing, the College shall have the right to immediately terminate User's Account in the event of any conduct by User which the College, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.

10. Trademarks.

Oberlin College, OBIEWeb, and each of their logos are trademarks of the College. All rights reserved. All other trademarks appearing on OBIEWeb are the property of their respective owners.

11. Third Party Content.

The College is a distributor (and not a publisher) of certain content supplied by third parties and Users. Accordingly, the College has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of OBIEWeb, are those of the respective author(s) or distributor(s) and not of the College. Neither the College nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)

In many instances, the content available through OBIEWeb represents the opinions and judgments of the respective information provider, User, or other user not under contract with the College. The College neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on OBIEWeb by anyone other than authorized College spokespersons while acting in their official capacities. Under no circumstances will the College be liable for any loss or damage caused by a User's reliance on information obtained through OBIEWeb. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through OBIEWeb. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

12. Copyrights and Copyright Agent.

The College respects the rights of all copyright holders and in this regard, the College will, in appropriate circumstances, terminate the Accounts of Users who infringe the rights of copyright holders.

13. Miscellaneous.

This Agreement and any operating rules for OBIEWeb established by the College constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Ohio, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.