Revised August 2002

1. GENERAL

   a. This site is part o f the OAPN network of web sites. When you choose to use this web service (the "Service"), you are agreeing to all of the terms and conditions of this Agreement between you and OAPN.

   b. OAPN may change, a dd or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Service.

   c. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANG ES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.

   d. OAPN may change, suspend or discontinue any aspect of the Service at any time, including the avai lability of any Service feature, database, or content. OAPN may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

2. CONTENT

   a. The contents of the Service are intended for your personal, noncommercial use. All materials published on the Service (including, but not limited to news articles, photog raphs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright, and owned or controlled by OAPN or the party credited as the provider of the Content. You shall abide by all additiona l copyright notices, information, or restrictions contained in any Content accessed through the Service.

   b. The Service and its Contents are protected by copyright pursuant to U.S. and international copy right laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section 2), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Service in whole or in part.

   c. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from OAPN.

   d. The Service may contain Content created by the Associated Press. Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed di rectly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. AP will not be held liable in any way to the User or to any third pa rty or to any other person who may receive information in the Service or to any other person whatsoever, for any delays, inaccuracies, errors or omissions there from or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing or occasioned thereby.

3. SUBMISSIONS

   a. You are solely responsible for the content of any submission you make the Service. OAPN reserves the right to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.

   b. You acknowledge that any submissions you make to the Service may be edited, removed, modified, published, transmitted, and displayed by OAPN and you waive any moral rights you may have in having the material altered or ch anged in a manner not agreeable to you.

   c. By submitting information to the Service, you hereby grant to OAPN, its affiliates and related entities (collectively, OAPN) the royalty-free, perpetual, irrevo cable, non-exclusive right and license to use, copy, modify, display, distribute and reproduce all such materials in any form, media, software or technology of any kind now existing or developed in the future. You also agree to indemnify, defend and hold OAPN harmless for any liability arising due to the use or distribution of those materials. You further grant OAPN the right to use your name in connection with the reproduction or distribution of suc h material. OAPN, its affiliates and related entities do not accept unsolicited materials or ideas for use or publication in their publications, broadcast programming, books or their digital and electronic media except in connection w ith the forums, chat rooms, and bulletin boards on the Service. The Service, its affiliates and related entities shall not be responsible for the similarity of any of its content or programming in any media to materials or idea s transmitted to the Service.

   d. You must be at least thirteen (13) years old to register for the Service. In consideration of use of the Service, You agree to: (a) provide true, accurate, current and co mplete information about yourself if prompted by the registration form; and (b) to maintain and update this information to keep it true, accurate, current, and complete. If any information provided by You ("Registration Data") is untr ue, inaccurate, not current, or incomplete, OAPN has the right to terminate your account and refuse any and all current or future use of the Service.

4. USE OF REGISTRATION DATA

   You agree that any registration data you provide may be shared with select third party firms ("Partner"), unless you state a preference not to be contacted. OAPN shall inform Partner if You state a preference not to be contacted. However, OAPN shall not be responsible or liable if Partner contacts You, permits a third party to contact You, or provides or discloses Your Registration Data to any third party.

   You ag ree that OAPN, Partner, or a designee of OAPN or Partner may disclose Registration Data to third parties about you and information about Your use of the Service, provided that such disclosures do not include Your name, mailing address , email address, telephone or facsimile number, or account number, unless: (a) You have registered to receive any third party products or services, or have otherwise authorized OAPN and/or Partner to disclose such information; (b) such disclosure is required by law or legal process.

   This Agreement includes the terms and conditions of the OAPN Privacy Policy, a copy of which is located at http://www.OAPN.net/privacypolicy.php, and which is hereby incorporated by reference. In the event that there exists any inconsistency between this Agreement and the Privacy Policy, the terms and conditions of the Privacy Policy shall take precedence.

5. LINKS

   OAPN contains links to other related World Wide Web Internet sites, resources, and sponsors of OAPN. Since OAPN is not respon sible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.

6. REPR ESENTATIONS AND WARRANTIES

   a. You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any thi rd party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old. You hereby indemnify, defend and hol d harmless OAPN, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, wit hout limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warr anties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. OAPN reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnificat ion by you.

   b. You expressly agree that use of the Service is at your own risk. Neither the Service, OAPN, nor any of their affiliates, employees, agents, content providers or licensors make any represen tations or warranties of any kind regarding the Service, the content or the results that may be obtained form use of the Service. The Service is provided on an "as is" basis and the Service and OAPN specifically disclaim any express or implied warranties, including without limitation, warranties of fitness for a particular purpose, warranties of merchantability or warranties against infringements.

   c. The Service, OAPN, their affiliate s, employees, agents, content providers and licensors shall in no event be liable for any damages or losses, including, without limitation, direct, indirect, consequential, special, incidental or punitive damages, resulting fro m or caused by the Service or its content, including, without limitation, losses related to: your use or inability to use the Service; any errors, omissions or defects in the content; or any interruptions, delays in transmission or computer viruses. In any event, any liability of the Service, OAPN, their affiliates, employees, agents, content providers and licensors shall not exceed the amount paid by you to the service in the 12 months prior to the claimed injury or damage.

   d. OAPN does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT U SE OF THE SERVICE IS AT YOUR SOLE RISK.

7. USERNAME AND PASSWORD You may receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify OAPN of any unauthorized use of your password or a ccount or any other breach of security, and (b) ensure that you exit from your account at the end of each session. OAPN cannot and will not be liable for any loss or damage arising from unauthorized use of your username and/or password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at OAPN's sole discretion, and OAPN may refer you to appropriate law enforcement agencies.

8. FEES AND PAYMENTS

   OAPN reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. However, in no event will you be charged for access to the Servi ce unless we obtain your prior agreement to pay such charges. Thus, if at any time OAPN requires a fee for portions of the Service that are now free (e.g., a domestic subscription fee), OAPN will give you advance notice of such fees a nd the opportunity to cancel the account before such charges are imposed. All new fees, if any, will be posted in the Help Center and in other appropriate locations on the Service. You shall pay all fees and charges incurred th rough your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Service by OAPN or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Service through your account.

9. S OFTWARE LICENSES

   You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Service ("Access Software"). You may not sublicense, assign or transfer any licenses granted by OAPN, and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only . You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Access Software.

10. TERMINATION

    OAPN may, in its sole discretio n, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach or assignment of this Agreement.

11. MISCELLANEOUS

    a. This Agreement has been made in and shall be construed and enforced in accordance with Oregon law. Any action to enforce this agreement shall only be brought in the federal or state courts located in New York City.

    b. Notwithstanding any of the foregoing, nothing in this Subscriber Agreement will serve to preempt the OAPN Privacy Policy.

    c. Official correspondence must be sent via post al mail to:
    

    OAPN
    Attn: Division Counsel
    2234 SE 20th Ave
    Portland, OR 97214