ACKNOWLEDGMENT AND ACCEPTANCE OF MARTIALARTS.ORG SERVICE AGREEMENT. Martialarts.org, ("Martialarts.org ") shall provide email products and services ("the Martialarts.org Service") to you ("User") under the terms and conditions of this Martialarts.org Service Agreement ("the Agreement"). USER UNDERSTANDS AND ACKNOWLEDGES THAT USER IS ENTERING INTO AN AGREEMENT WITH Martialarts.org AND NOT THE WEB SITE WITH WHOM Martialarts.org HAS ASSOCIATED TO BRING YOU THIS SERVICE. BY COMPLETING THE REGISTRATION PROCESS AND BY CLICKING ON THE "ACCEPT" BUTTON YOU ARE AGREEING TO BECOME A PARTY TO THIS AGREEMENT WITH Martialarts.org AND TO THE TERMS AND CONDITIONS HEREIN AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ANY APPLICABLE ASSOCIATE STATEMENT ACCESSIBLE FROM THE LOG-IN PAGE OF THIS EMAIL SITE. USERS UNDER 13 MAY SIGN UP FOR THE Martialarts.org SERVICE ONLY WITH THE CONSENT OF THEIR PARENT OR GUARDIAN. ACCEPTABLE USE POLICY. The following policy governs the use of the Martialarts.org Service by User. User will comply with the terms and spirit of the Agreement. (a) User shall not use the Martialarts.org Service for spamming. Spamming includes, but is not limited to (1) the bulksending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients, (2) the sending of junk mail, (3) the use of distribution lists that include people who have not given specific permission to be included in such distribution process, (4) posting commercial ads to USENET newsgroups that do not permit it, (5) posting articles containing binary encoded data to a non-binary newsgroups, (6)excessive and repeated posting off-topic messages to newsgroups, (7)excessive and repeated cross-posting, (8) email harassment of another Internet user or users, including but not limited to, transmitting any threatening, libelous or obscene material, or material of any nature which could be deemed to be offensive, and (9) the emailing of age- inappropriate communications or content to anyone under the age of 18. Martialarts.org has in place a spam monitoring and control system to reduce spam sent to and from Users. Martialarts.org shall make reasonable attempts to respond to complaints made by User regarding the receipt of spam or other harassing email or, in the case of a User under the age of 18, complaints from such User or from such User's parent or guardian regarding the receipt of spam, other harassing email, or email containing any age-inappropriate communications or content. User shall not use the Martialarts.org Service in a manner which violates any city, state, national or international law or regulation, or which fails to comply with accepted Internet protocol. User shall not attempt to interfere in any way with Martialarts.org networks or network security, or attempt to use the Martialarts.org Service to gain unauthorized access to any other computer system. (b) User shall at all times provide Martialarts.org with accurate information. User shall immediately notify Martialarts.org of any security breach in or unauthorized use of User's account. User shall not interfere in any way with another User's use of, or Martialarts.org's provision of the Martialarts.org Service. User shall not resell, rent, lease, grant a security interest in, or make commercial use of the Martialarts.org services without the express written consent of Martialarts.org. (c) User agrees to use Martialarts.org email addresses containing the names of colleges, universities, celebrities, entertainment properties, businesses, or teams for personal use only and not for any commercial purpose. TITLE. Title, ownership rights, and intellectual property rights in all content and material that is part of, contained in, or accessed through the Martialarts.org Service, and provided by either Martialarts.org or sponsors or any other content provider shall remain in Martialarts.org and/or its sponsors or any other content provider. User acknowledges and agrees that certain college, university, team, celebrity or business names contained within Martialarts.org-mail addresses may represent protected trademarks and service marks. Such content and materials are protected by the copyrights, trademark, service mark and patent laws and treaties. INDEMNIFICATION. User agrees to indemnify and hold Martialarts.org and its licensors, parents, subsidiaries, affiliates, network partner sites, officers and employees ("Affiliated Parties"), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Martialarts.org Service, the violation of the Agreement by User, or the infringement by User, or other user of the Martialarts.org Service using User's computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material contained in any User communications. PRIVACY STATEMENT. At Martialarts.org, we respect your privacy. We do collect information from you, but it is our policy and priority to ensure that all personal information remains private and secure. To earn your trust and confidence in the Internet and in Martialarts.org, we are disclosing our privacy practices and the uses of the information we gather. To protect your privacy, Martialarts.org: 1. Will not release personal identifying information about you without first obtaining your consent, unless required to do so by law; and 2. Will not knowingly use personal identifying information from children younger than 13 without parental consent. These links provide detailed information on our privacy practices: 1. What general information does Martialarts.org collect and how is it used? 2. What personal information does Martialarts.org collect and how is it used? 3. What are cookies and how does Martialarts.org use them? 4. How do third-party advertisers use my information? 5. How does Martialarts.org protect the privacy of children younger than 13? 6. How can I access, change or delete information about myself? 7. How may I protect my privacy on the Internet and within Martialarts.org? Martialarts.org reserves the right to amend this Privacy Statement at any time without notice, and only the current Privacy Statement may be deemed effective. What general information does Martialarts.org collect about me and how is it used? When you visit Martialarts.org, we collect some basic information about your computer, including: [sigma] IP address (your computer's unique signature) [sigma] Operating system (e.g., Windows 95) [sigma] Browser software (e.g., Microsoft Internet Explorer, Netscape) [sigma] Internet Service Provider (e.g. Earthlink, Bell Atlantic) The information we collect is aggregated to reflect the population as a whole rather than focused on individuals, we use it to help us better understand the people who visit Martialarts.org. In addition, like many other sites with paid advertising, we disclose some of this aggregate information to advertisers to inform them of the number of people who have seen and clicked on their advertisements. What personal information does Martialarts.org collect about me and how is it used? When you sign up for a new email account, we collect personal identifying information from you, which may include the following: [sigma] First and last name; [sigma] Home address; [sigma] Date of birth; [sigma] Occupation; [sigma] Income range; [sigma] Alternate mail address; [sigma] Phone number We use information about our members for administrative and other purposes that we deem necessary to maintain and improve our services. Such uses include data transmission, member surveys, email services and other future services. We reserve the right to use third parties to provide these services, however, Martialarts.org requires that any such party agree to strict confidentiality guidelines. We also use information about our members to better target advertising banners and make the content more relevant to each member. Martialarts.org cooperates with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to release information about members who we believe are in violation of our user agreement, even without a subpoena, warrant or court order. We also reserve the right to report to law enforcement agencies any activities that we reasonably believe to be unlawful. Credit Cards If you sign up for premium services, Martialarts.org will use your credit card number in order to provide you with the services that you request. Information collected by Martialarts.org is encrypted using SSL and is stored on secure servers. Credit card transactions are processed by an established financial institution. Access to credit card information at Martialarts.org is restricted to authorized staff only, in a manner consistent with or exceeding industry standards. Remember that third-party vendors also sell products and services via advertising on Martialarts.org, and their policies may differ from those of Martialarts.org. What are cookies and how does Martialarts.org use them? Martialarts.org requires each member to enable cookies to login and use our services. What is a Cookie? A cookie is a very small text file placed on your hard drive - with your permission - by a web server. Why do we use Cookies? Identification: We use cookies to identify you uniquely. For example, this allows us to pre-populate your email address on the login page. Tracking and Maintaining Session info: Once you have logged in we use the cookie to distinguish between your mail session and that of the many other people using our service. For example: After you have written a message and you go to your Inbox, we need to display your Inbox and not somebody else's. Setting cookies is currently the best method of maintaining session information over the web. Are cookies secure? A cookie cannot contain program code, so it cannot be used as a virus nor can it be used to extract data from your system. When a cookie is set, only the server which set the cookie can access the information in that cookie. How do I change the way my browser handles cookies? Most browsers allow three options for handling cookies: ® Accept all cookies ® Warn before accepting a cookie. ® Reject all cookies. Our web-based mail service will not function if your browser is set to accept cookies. Instructions for enabling and disabling cookies can be found through the help menu on most browsers. If you have continued trouble changing your cookie settings, you may contact our support site for additional help. How do third-party advertisers use my information? When you join Martialarts.org, you have the option of signing up to receive information from select third party sponsors. This information is a good way to learn about special offers on the web. In order to provide this service, we may share some of your information such as name and email address with third party sponsors. All Martialarts.org third party sponsors are required to sign confidentiality agreements which do not allow them to use your information for any purpose other than what you have requested. If you have requested promotional emails and have not logged into your account for a prolonged period of time, Martialarts.org reserves the right to forward the requested promotional materials to your alternate email address. Martialarts.org will not disclose your alternate email address to any third parties. All promotional emails authorized by Martialarts.org will include a removal procedure for you to discontinue receiving further email offers. This allows you to change your mind about receiving further emails at a later date. If you receive an email from a third party stating that it is associated with Martialarts.org, yet you do not recall asking for the information, please follow the third party's removal procedures. If this procedure is not successful, please send an email to privacydirector@Martialarts.org. Additionally, be aware that when you click on ad banners, you may be brought to other sites not operated by Martialarts.org. You are responsible for information you provide these sites. We recommend that you review the privacy policy of any site that requests personal information. How does Martialarts.org protect the privacy of children younger than 13? We believe that it's especially important to protect children's privacy online. Note: Martialarts.org defines "children" as minors younger than 13. We do not knowingly use any personal information from children without obtaining express parental consent. Express parental consent means that Martialarts.org obtains affirmative agreement from a parent or legal guardian, at the time of signing up for new account. All general information collected from children is used only for statistical analysis, feedback and those purposes described in the signup process. We do not give children's personal information to third parties, regardless of whether children request promotional opportunities through us. Before signing up for a Martialarts.org account, we ask that children have their parents read our Privacy Statement. Before and during the signup process, we require children to include a parent or guardian in the process. How do I access, change or delete information about myself? During the Martialarts.org signup process, we ask you to supply personal information, including your first name, last name, ZIP Code, birth date and an alternate email address. We also ask if you would like to receive promotional material from our sponsors and great offers from our partners. If, at any time, you would like to stop receiving newsletters from Martialarts.org or promotional emails from third parties (which you signed up for), then follow the removal procedures at the end of the email. If this is not successful, please contact us at privacydirector@Martialarts.org. How may I protect my privacy on the Internet and within Martialarts.org? 1. Know the risks. If you provide your email address to public domains such as chat rooms or newsgroups, or you provide it to websites which don't respect your privacy, you may begin to receive unsolicited email. Unsolicited email is also known as spam. Although Martialarts.org has strict rules prohibiting spam and we do block certain known groups from sending unsolicited messages to Martialarts.org members, it is generally a good idea to provide your email address only to people or groups that you trust. 2. Educate yourself. Look for a privacy statement on every site you visit on the Web, and search for information on how to protect your privacy. Start with TRUSTe, an independent, nonprofit initiative dedicated to building users' trust and confidence in the Internet. 3. Tell your children: "Never talk to strangers!" Teach children not to give out their names or other personal information. Tell them never to fill out online registration forms without your knowledge and consent. 4. Use complex passwords. If your password is simple, it is also simple for a hacker to break it and gain access to your email account or other private areas. To protect your privacy, you should use complex passwords consisting of very long and awkward keystroke combinations. This makes the hacker's job much more difficult. We send reminders of your account passwords only after the appropriate security questions have been answered, and then, we will only send your password to the email address given during the signup process. NEVER GIVE YOUR PASSWORD TO ANYONE. If someone claiming to represent Martialarts.org in an email or chat room asks for your Martialarts.org password, DO NOT RESPOND. The only time we ask for your password is via a web page, when you need to access our system (such as the login screen). Please help us keep our records current by updating your personal information when it changes. You can access your personal information through the account/personal information option when you're logged into your account. 5. Read a message on safe surfing provided by the Federal Trade Commission. 6. Reduce spam (unsolicited email). One of the drawbacks of surfing the Web, creating home pages and having an email account is that you may receive spam -- the electronic version of junk mail. Visit this site for more information on spam and how you can cut down on how much spam you receive. DISCLAIMER OF WARRANTY. Martialarts.org EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE Martialarts.org SERVICE. THE Martialarts.org SERVICE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE PERFORMANCE OF, OR ARISING OUT OF THE USE OF THE Martialarts.org SERVICE IS BORNE BY USER. Martialarts.org MAKES NO WARRANTY REGARDING ANY GOODS, INFORMATION OR SERVICES PURCHASED OR OBTAINED THROUGH THE USE OF THE Martialarts.org SERVICE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO USER AND USER MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL Martialarts.org OR ITS LICENSORS OR RESELLERS BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM THE USE OF OR THE INABILITY TO USE THE Martialarts.org SERVICE, THE PERFORMANCE OF Martialarts.org SERVICE, OR DAMAGES FOR LOSS OF GOODWILL, BUSINESS PROFIT, BUSINESS STOPPAGE, LOSS OF DATA OR BUSINESS INFORMATION, COMPUTER DAMAGE, OR DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR CHANGES MADE TO USER'S TRANSMISSIONS OR DATA, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL Martialarts.org BE LIABLE FOR ANY DAMAGES IN EXCESS OF WHAT Martialarts.org RECEIVED FROM USER FOR THE Martialarts.org SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO USER. INFRINGEMENT. User represents that the user id selected by the User, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and is not being selected for any unlawful purpose. User acknowledges and agrees that if such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, Martialarts.org may immediately suspend the use of such Martialarts.org email address, and User will indemnify and hold Martialarts.org harmless, in accordance with the Indemnification section above, for any claim or demand against Martialarts.org that arises out of such selection. User acknowledges and agrees that neither Martialarts.org nor any of its licensors shall be liable to User in the event Martialarts.org is ordered or required, as a result of a court order or legal settlement, or contractual requirement with any licensor, to desist from using or permitting the use of a particular domain name as part of an Martialarts.org email address. If as a result of such action, User loses an email address, the User's sole remedy shall be the receipt of a replacement Martialarts.org email address. MODIFICATION. Martialarts.org reserves the right to modify the Martialarts.org Service as described in the Agreement and on the site, and to change the terms and conditions of the Agreement. Martialarts.org will post the new Agreement and updated descriptions of the Martialarts.org Service on the site. Continued use of the Martialarts.org Service after such postings shall be deemed an acceptance by the User to be bound by the terms of the modified Agreement. Users not wishing to be bound by the modified Agreement or Martialarts.org Service may terminate the Martialarts.org Service pursuant to the Termination section below. TERMINATION. Martialarts.org Services may be terminated in whole or in part, effective immediately, by either Martialarts.org or User at any time upon written notice to the other party. Upon termination, User's right to use the Martialarts.org Service immediately ceases, and Martialarts.org is not obligated to forward any unread or unsent messages to User or any third party. Martialarts.org shall not be liable to User or any third party for termination of the Martialarts.org Service. In the case of a terminated paid Martialarts.org Service ("Premium Service"), upon written request to Martialarts.org, User shall receive at Martialarts.org's option, either i) reimbursement of the pro-rata portion of the amount paid for the period remaining on User's account for the terminated Premium Service; or ii) credit for another Premium Service equivalent to the pro-rata portion of the amount paid for the period remaining on User's account for the terminated Premium Service. There shall be no reimbursement or credit if the Martialarts.org Service is terminated due to User's violation of the terms of this Agreement. Martialarts.org reserves the right to terminate User's email address in the event that Martialarts.org's rights to use certain domain names or email addresses terminate or expire, in which case User shall receive a replacement Martialarts.org email address. In addition, Martialarts.org retains the right, at Martialarts.org's sole discretion, to terminate any and all parts of the Martialarts.org Service provided to User, without refunding User for any annual fees paid but not yet accrued, if it determines that User has failed to comply with any of the terms of the Acceptable Use Policy. If Martialarts.org determines that User has failed to comply with any of the terms in Section (a) above, of the Acceptable Use Policy, Martialarts.org shall when appropriate, (1) facilitate criminal prosecution against such User by referring User's spamming activity to the appropriate legal authorities, and (2) bring a civil action against such User, who shall be liable to Martialarts.org for any direct, indirect, special, incidental, or consequential damages incurred by Martialarts.org as a result of User's spamming or other prohibited activity. SEVERABILITY. If any provision hereof shall at any time be held to be void, invalid or unenforceable, such provision shall be construed as severable and shall not in any way affect or render void, invalid or unenforceable any other provision of this Agreement, and this Agreement shall be carried out as if such void, invalid or unenforceable provision were not part of this Agreement. ACTION LIMIT. User and Martialarts.org agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. NO WAIVER. No waiver on the part of Martialarts.org to exercise, and no delay in exercising, any right, power or provision hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or provision hereunder preclude the exercise of that or any other right, power or provision. Martialarts.org SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon and inure to the benefit of any Martialarts.org successor companies or assigns. HEADINGS. The headings in this Agreement are for convenience only and shall not affect the meaning or interpretation of this Agreement or any provision thereof. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether oral or written, relating to the subject matter hereof. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of Canada applicable to agreements executed and performed wholly within Canada.