TERMS OF USE AGREEMENT

Welcome to WilburCrossReunions.com. By using our website, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this site. The term "we" or "us" or "our" refers to the registered owners and operators of WilburCrossReunions.com. The term "Licensee" refers to the entity, individual or group of individuals who accept these Terms of Use and who make payment to us for the services we offer. The term "Authorized User" or "Authorized Users" refers to any individual or group of individuals who have received permission from Licensee and been given access codes by Licensee to access and/or modify a class website and database. The term "you" or "your" collectively refer to the Licensee and their Authorized Users.

Acceptance of this Agreement
You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our website (the "Site"). By signing in with your user name or e-mail address and password and accessing the administrative pages of WilburCrossReunions.com you agree to be bound by these terms and conditions at all times. You also agree that this Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

You agree not to copy, reverse engineer, translate, port, modify or make derivative works of the Site.

You agree that the services offered by us through the Site are provided to you on an "AS IS" and "WITH ALL FAULTS" basis. You assume the entire risk of loss in using the Site. Due to its large size and complexity, the Site may contain inaccuracies, omissions, errors or other defects. We do not warrant that the Site will meet your needs or expectations or that your use of and access to the Site will be error free or uninterrupted.

Trademarks and Service Marks
WilburCrossReunions.com, EasyClassReunions.com and others are our service marks or registered service marks or trademarks. Other product and company names mentioned on the Site may be trademarks of their respective owners.

Limited License; Permitted Uses
You are granted a non-exclusive, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site and other services offered through WilburCrossReunions.com solely for non-commercial purposes. Your right to use the Site is not transferable. Any password or right given to you to access the services we offer is not transferable and is revocable at our sole discretion.

You agree that your class website, database and any other Content transmitted or posted to the WilburCrossReunions.com server will be used to provide information to your graduating class and the general public for the purpose of organizing and promoting upcoming class reunions and related activities for members of your graduating class. You agree that you are acting in good faith to represent your graduating class by using the services offered through our Site, and you agree that you have no commercial interests in using these services.

You agree that you will not use the services offered through our Site to discriminate in any way against anyone who is or was a member of your graduating class. You agree that all members of your graduating class will have equal rights to participate in any class activity or service offered and promoted through this Site, including but not limited to the right to attend your class reunion and related activities, except when ordered, documented and enforced by a court of law or other administrative agency which has the legal authority in your state to prevent such participation.

Content
Users are responsible for any Content transmitted or posted to the Site or from the Site via e-mail when they use the Class E-mailer feature of the website. We do not guarantee the accuracy, legitimacy, quality, or integrity of any Content transmitted or posted to the Site nor do we guarantee the accuracy, legitimacy, quality, or integrity of any Content transmitted from the Site via e-mail.

Restrictions and Prohibitions on Use
You agree not to submit, post, upload, link to or email any Prohibited Content. Prohibited Content includes (a) any Content that breaks any local, state, county, national or international law; (b) any Content that infringes upon or violates the privacy, rights, trademarks, copyrights or other intellectual property rights of others or which impersonates any person or entity; (c) Any abusive, threatening, defamatory, racist, offensive or obscene Content; (d) Spam, chain letters, or pyramid schemes; (e) Pornography, nudity, or sexually explicit material of any kind; (f) Excessive profanity; and (g) any Content that is commercial in nature.

Limitations on Content
The quantity and size of uploaded files such as photographs and documents may be limited by us at any time without specific prior notice to you. We have the right to use photo editing software to downsize any image or graphic file uploaded to your website.

Content Screening
We do not preview any Content transmitted or posted to our Site, but we reserve the right to check any class website or database maintained on our Site for Prohibited Content. We have the right to delete, edit, or restrict access to any Content we deem to be in violation of this Agreement. You understand and agree that we may disclose any Content when required by law or when we have a good faith belief that access, preservation or disclosure of such information is reasonably necessary to protect the rights, property or safety of anybody. You understand and agree that any Content posted on our Site is the responsibility of the person who posted the Content.

Information Sharing
We have no rights to rent, sell or share any Content transmitted or posted by you to our Site with any other company or individual unless granted by you. We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of your Content such as data on your class website, your class database and related services.

We claim no ownership over any Content submitted, posted or displayed by you on or through our Site. You and your Authorized Users are considered by us to be the owners of and responsible for all Content you submit, post or display on or through our Site, and you are responsible for protecting and defending your rights to that Content, as appropriate. By submitting, posting or displaying Content on or through our Site which is intended to be available to the general public, you grant us a worldwide, non-exclusive, royalty-free license to reproduce, adapt and publish such Content on the WilburCrossReunions.com website solely for the purpose of displaying, distributing and promoting any and all services offered by us through our Site. This license terminates when such Content is removed from the site to which you originally submitted. We furthermore reserve the right to refuse to accept, post, display or transmit any Content in our sole discretion.

Advertising
You agree that your use of this Site will be exclusively for non-commercial purposes. You agree not to link to other commercial websites including those which either offer or sell services similar to those offered or sold by us even if your link to those websites is non-commercial in nature.

We have no rights and you have no rights to put any third-party advertisements on your publicly viewable class website. You agree not to use your class website and database to post Content about, link to or promote any third-party commercial websites, interests or activities.

Information Storage and Retrieval
We do not guarantee that any Content will be protected from loss, deletion, removal, or damage. We make regular backups of all Site Content including your class website and class database information, and we provide mechanisms for you to backup your database and website content whenever you want through your administrative pages. We will not be liable or deemed to be in default for any delays or failure in performance resulting directly or indirectly from any cause or circumstance beyond our reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authority, rain, fire, flood, accidents, earthquake(s), strikes or labor shortages, transportation facilities shortages or failures of equipment, or failures of the Internet.

Modifications to Service
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, any services (or any part thereof) offered through our site with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any of our services.

Limited Warranty and Limitation of Liability
We disclaim all warranties, express or implied, including, but not limited to, warranties of merchantability, noninfringement, or fitness for a particular purpose. We neither assume nor authorize any other person to assume for us any other liability in connection with the licensing of the services offered through our site under this Agreement and/or its use thereof by the Licensee or Authorized Users.

The maximum liability of the registered owners and operators of WilburCrossReunions.com, if any, under this Agreement, or arising out of any claim related to the use of the services offered by us through our Site whether in contract, tort or otherwise shall be limited to the total amount of fees received by us from you for the current one-year subscription period. In no event shall we be liable to you or any Authorized User for any indirect, incidental, consequential, punitive or special damages related to the use of this site.

You agree to hold harmless and indemnify the registered owners of WilburCrossReunions.com and its employees, advertisers or partners, from and against any third party claim arising from or in any way related to your use of our services, violation of this Agreement or any other actions connected with use of our services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.

User and Third-Party Disputes
If your use of this service, including access to or control of your class website and database, is ever disputed in good faith by another individual or group of individuals claiming to represent your graduating class, you agree that we will request written arguments from you and the other party via e-mail and that we will make a good faith judgment at our sole discretion within 30 days of the initial dispute as to which party or parties should be given a License to continue accessing the services offered through our Site from that point on. You agree to submit your written argument within fifteen (15) days of being notified of said dispute.

The amount of time and effort already put in to the website by you at that point, past participation in reunion planning for your class, documentation of a past or on-going reunion planning committee, documentation of official minutes from past reunion planning committee meetings, and individuals or groups of individuals in legal control of a class bank account and/or P.O. Box may be important factors, but not the only factors in resolving disputes. Whenever possible and when both parties seem to be acting in good faith, we will try to find a compromise solution whereby both parties will be able to work together as a team to use our service. You agree that our decision will be final and that in the unlikely event that we decide cancel your License to use our service that our maximum liability to you is limited to the total amount of fees received by us from you for the current subscription period.

Termination
You agree that we may block access to or delete any class website or database created by you and to revoke your license to use this Site for any violation of this Agreement.

General
This Agreement and the license granted herein may not be assigned or transferred by the Licensee to any third party.

Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

If any term or condition of this Agreement is found by a court of competent jurisdiction or administrative agency to be invalid or unenforceable, the remaining terms and conditions thereof shall remain in full force and effect so long as a valid Agreement is in effect.

This Agreement represents the entire agreement and understanding of the parties with respect to the subject matter hereof and supersedes any and all prior agreements and understandings, written and/or oral. There are no representations, warranties, promises, covenants or undertakings, except as described here.

Published June 1, 2006