enforcement of that policy, is not intended to confer, and does not confer, any rights or remedies upon any person. We may change our Privacy Policy from time to time, and our changes are effective upon the posting of those changes on the Colonial Press Site. This posting may be done without notice to you, as provided in the Privacy Policy.

II. USING THE COLONIAL PRESS SITE

Section 2.1 Inappropriate Uses

The Colonial Press Site must not be used:

(a) to store, publish, distribute, or otherwise disseminate unlawful material or information including, but not limited to: threatening, harassing, defamatory, obscene, vulgar, indecent, hateful, objectionable, tortuous, libelous, deceptive, or fraudulent information and materials, or information and materials that constitute or give rise to claims of an invasion of another person’s privacy;

(b) to conduct any activity that is a violation of any State or Federal law or to request unlawful services or materials;

(c) harm minors in any way;

(d) impersonate any person or entity, including, but not limited to, a Colonial Press employee or representative, or to falsely state or otherwise misrepresent your affiliation with a person or entity;

(e) to store, publish, distribute, or otherwise disseminate child pornography or similar material;

(f) in the furtherance of any activity that infringes (directly or indirectly) upon the intellectual property rights of others, including, but not limited to, copyrights, trademarks, service marks, trade secrets, and patents;

(g) to interfere with any other party’s use and enjoyment of the Colonial Press Site;

(h) in any way that deliberately degrades or disables the Colonial Press Site or any other computer system or to prevent or impede the delivery of any legitimate data;

(i) to make inappropriate postings to newsgroups, chat rooms, electronic bulletin boards and any other forum on the Colonial Press Site or elsewhere;

(j) by persons under the age of 18 to purchase products without the involvement of a parent or guardian.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Many of the features and information on the Colonial Press Site are updated on a real time basis and are proprietary to us or are licensed to Colonial Press by third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for content you provide to us) from the Colonial Press Site without the prior expressed written permission of Colonial Press or the appropriate third party.

III. CONTENT

Section 3.1 License

Colonial Press grants you a limited license to access and make personal use of the Colonial Press Site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of Colonial Press. This license does not include any resale or commercial use of the Colonial Press Site or its contents; any collection or use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Any unauthorized use terminates the permission or license granted by Colonial Press. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Colonial Press (colonialpressonline.com) so long as the link does not portray Colonial Press, or its products or services, in a false, misleading, derogatory, or otherwise offensive manner.

Colonial Press does not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”) you submit or make available for inclusion on the Colonial Press Site. However, with respect to submitted Content you may post on the Colonial Press Site, you grant Colonial Press a world-wide, royalty free and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Colonial Press Site solely for the purposes of providing the Colonial Press Site services. This license exists only for as long as you elect to continue to include, transmit or store such Content on the Colonial Press Site and will terminate at the time you remove or Colonial Press removes such submitted Content from the Colonial Press Site. You expressly warrant you have the right to grant this license in any Content you upload, store or transmit to or through the Colonial Press Site. If you do not have the right to grant such license, you should not be uploading, storing or transmitting such material, and doing so will be a breach of the TOU.

You acknowledge that Colonial Press may or may not pre-screen Content, but that Colonial Press and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Colonial Press Site. Without limiting the foregoing, Colonial Press and its designees shall have the right to remove any submitted Content that violates the TOU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by, or submitted to Colonial Press.

Section 3.2 Links

Colonial Press may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Colonial Press has no control over such sites and resources, you acknowledge and agree that Colonial Press is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Colonial Press shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

Section 3.3 Colonial Press’s Intellectual Property Rights

The Content provided by Colonial Press (that is Content other than as submitted by site users) on the Colonial Press Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Colonial Press or its content suppliers, partners, or affiliates, and is protected by U.S. and international copyright laws. The compilation of all Content on the Colonial Press Site is the exclusive property of Colonial Press and is protected by U.S. and international copyright laws. All software used on this site is the property of Colonial Press or its software suppliers and is protected by U.S. and international copyright laws. You acknowledge and agree that the Colonial Press Site contains proprietary and confidential information that is protected by applicable U.S. and international intellectual property and other laws. Except as expressly authorized by Colonial Press, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Colonial Press Site, including its interface, in whole or in part, and other logos and product and service names that are trademarks of Colonial Press (the “Colonial Press Marks”). Unless you have written permission, you agree not to display or use in any manner, the Colonial Press Marks.

IV. WARRANTY AND LIMITATION OF LIABILITY

THE COLONIAL PRESS SITE IS PROVIDED ON AN "AS IS" BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

A. YOUR USE OF THE COLONIAL PRESS SITE IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

B. COLONIAL PRESS MAKES NO WARRANTY THAT (a) USING THE COLONIAL PRESS SITE WILL MEET YOUR REQUIREMENTS, (b) SERVICE WILL BE UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE COLONIAL PRESS SITE WILL MEET YOUR EXPECTATIONS, AND (e) ANY ERRORS IN THE COLONIAL PRESS SITE WILL BE CORRECTED.

C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE COLONIAL PRESS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COLONIAL PRESS OR THROUGH OR FROM THE COLONIAL PRESS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE COLONIAL PRESS SITE, OUR SERVICES, OR THIS AGREEMENT HOWEVER ARISING, INCLUDING NEGLIGENCE. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF FEES YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO ANY PURPORTED LIABILITY.

V. INDEMNIFICATION

You agree, at your own expense, to indemnify, defend and hold harmless Colonial Press and its employees, representatives, subsidiaries, affiliates, officers, directors, suppliers and agents (collectively, the “Colonial Press Indemnified Parties”), against any claim, suit, action or other proceeding against the Colonial Press Indemnified Parties, by a third party, to the extent that such claim, suit, action or other proceeding is based on or arises in connection with your use of the Colonial Press Site (or the use of any of your sub-accounts) specifically including (i) a violation of the terms set forth in the TOU (ii) a claim that any use of the Colonial Press Site by you infringes any third party intellectual property right, is libelous or defamatory, or otherwise results in injury or damage to anyone. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.

VI. ARBITRATION

Any legal controversy or legal claim arising out of or relating to this TOU or the Colonial Press Site, excluding legal action taken by Colonial Press to collect our fees and/or recover damages for, or obtain an injunction relating to, Colonial Press or the Colonial Press Site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party, unless in our sole judgment, Colonial Press wishes to consolidate the legal controversy of two or more parties in any legal action. The arbitration shall be conducted in Dallas, Texas, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Colonial Press may seek any interim or preliminary relief from a court of competent jurisdiction in Dallas, Texas necessary to protect our rights pending the completion of arbitration. Should you file an action contrary to this provision, Colonial Press may recover from you our reasonable attorney fees and costs. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this site or services or the TOU must be filed within six (6) months after such claim or cause of action arose or be forever barred. Notwithstanding anything else to the contrary in this TOU, Colonial Press shall always have and retains the right to pursue legal action of any kind or nature whatsoever in any appropriate jurisdiction in order to protect our interests.

VII. TERMINATION

You agree that Colonial Press may, under certain circumstances and without prior notice, immediately terminate your access to the Colonial Press Site and Colonial Press services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOU or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated termination), (d) discontinuance or material modification to the Colonial Press service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your Colonial Press services includes (a) removal of access to all Colonial Press services and the Colonial Press Site, (b) removal of access and deletion of all related information, files and content associated with or inside services provided to you by Colonial Press (or any part thereof), and (c) barring further use of the Colonial Press Site and Colonial Press services. Further, you agree that all terminations for cause shall be made in Colonial Press’ sole discretion and that Colonial Press shall not be liable to you or any third party for any termination of the Colonial Press Site or Colonial Press services.

VIII. MISCELLANEOUS

Section 8.1 No Agency.

You and Colonial Press are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this TOU.

Section 8.2 Notice

Any notice by us to you may be made via either email or first class mail.

Section 8.3 Choice of Law, Compliance with Applicable Laws

If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The laws of the State of Texas, excluding its conflicts-of-law rules, govern the TOU and your account. User conduct may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction and venue for any claim or dispute with the Colonial Press Site or relating in any way to your account or your use of the Colonial Press Site resides in the courts of Dallas County, Texas, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Texas in connection with any such dispute including any claim involving Colonial Press or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Colonial Press Site any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this agreement.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of this site or access to the Colonial Press Site or our services.

I. GENERAL

Section 1.1 Modifications

Section 1.2 Privacy