NOW, THEREFORE, the Registrant and each Authorized Party agree as follows.

1. Description of Services
   Subject to these Terms and Conditions, Provider will provide Registrant with the following service (the "Service").
   • Provider will establish one (1) account with a username and password in Registrant's name on the Provider's servers for administration of the Site (the "Account");
   • Provider will allow Registrant and the Authorized Parties to post and retrieve electronic data (the "Content") from the Account; and
   • Provider will disclose collected data concerning the Registrant to third parties who are affiliated with athletic programs (i.e., coaches, athletic directors, etc..) at various junior colleges, colleges and universities through the United States; and
   • Provider will alert Users of any interest by such third parties in the Registrant, and at the request of the third party, shall forward requests, if any, for additional information.

      

   Each User is responsible for providing the following: (1) all equipment, such as a computer and modem, necessary to access the World Wide Web; (2) User's own access to the World Wide Web; and (3) payment of all telephone or other fees associated with such access.

   Under no circumstance should any USER provide personal or other information which is false, misleading and/or unverifiable. PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE VERACITY OF ANY PERSONAL OR OTHER INFORMATION PROVIDED BY ANY REGISTRANT OR USER. PROVIDER HAS NOT INDEPENDENTLY VERIFIED ANY OF THE INFORMATION PROVIDED BY ANY REGISTRANT OR USER AND RECOMMENDS THAT ANY THIRD PARTY INTENDING TO RELY ON THE INFORMATION SUBMITTED BY ANY REGISTRANT OR USER TAKE NECESSARY STEPS TO INDEPENDENTLY CONFIM ITS ACCURACY.

    

2. Conditions of Use
   Each User is responsible for all Content such User stores or retrieves from, or attempts to store or retrieve from the Account and for all transmissions by any User from and to User's Account. USER REPRESENTS AND WARRANTS THAT ALL INFORMATION PROVIDED, PERSONAL OR OTHERWISE, BY USER IS ACCURATE AND NOT MISLEADING. Use of the Service is subject to all applicable local, state, national and international laws and regulations. Each User will:
   a. not use the Service for any illegal purposes;
   b. not use the Service to store, retrieve, transmit or view any file, data, image or program or Content that contains:
   
   (1) any false, misleading, fraudulent or illegal pictures, materials or information;
   (2) any harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;
   (3) any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;
   (4) any code or material that violates the intellectual property rights of others; or
   (5) any viruses, worms, "Trojan horses" or any other similar contaminating or destructive features;
   
   c. comply with all applicable laws [this should be link to COPPA] regarding the exportation of any Content;
   d. not use the Service for any spamming, chain letters or other use that may otherwise disrupt the Service or the networks through which User access and use the Service;
   e. not access or attempt to access any Service account for which User has no access authorization or duplicate, modify, distribute or display any of the data or files from any such other account;
   f. not attempt to gain unauthorized access to any servers controlled by Provider or decompile, reverse engineer or disassemble any software used by Provider or in connection with the Service; and
   g. not use the service if under the age of 13, without [the verifiable consent of the user's parent or legal guardian.] [Brackets should be a link to "Parental Notice"]
   

   Provider retains all rights to remove immediately, and without notice, any content that is, in Provider's sole judgment and discretion, inappropriate or offensive.

    

3. Registration Information
   Each User will register with Provider. User will promptly notify Provider of any change in the information User provides on User's registration form during User's registration for the Service (including, without limitation, any change in User's mailing address, telephone numbers or e-mail address). The registration information provided by User on User's registration form during User's registration for the Service, together with any and all updates provided by User from time to time under this paragraph, is referred to in these Terms and Conditions as the "Registration Information." Provider´s policy regarding the privacy and use of the Registration Information is set forth in Provider´s Privacy Policy, as the same may be modified and amended by Provider from time to time and is posted at the Site (the "Privacy Policy"). When User registers, User acknowledges that User agrees to the terms of the Privacy Policy.

    

4. Account and Password
   After Registrant's registration form has been accepted by Provider, Registrant will receive a password and the Registrant Account will be established. Registrant is entirely responsible for any and all activities that occur under Registrant's Account and its password, whether or not such use was authorized by Registrant.

   Each User will notify Provider of any unauthorized use or other breach in security of User's Account immediately after User learns of the same.
   
   

5. Security of Stored Data and Files
   Provider will use all reasonable and necessary efforts to restrict access to the Content at each User's Account to persons accessing such Content through use of such Account. However, no password-protected system of data storage and retrieval can be made entirely impenetrable. Accordingly, User hereby acknowledges that it may be possible for an unauthorized third party to access, view, copy, modify and distribute the Content any User stores in User's Account. Further, each User hereby acknowledges that any third party may access, view, copy, modify and distribute the Content User stores in any public folder on the Provider servers.

    

6. Content of Stored Data and Files
   Each User is solely responsible for (a) obtaining sufficient rights to the Content stored by such User on Provider´s servers and (b) ensuring that such Content does not include any of the items listed in paragraph 2 above. By uploading any Content, each User represents and warrants that it has the lawful right to reproduce and distribute such Content. Each User is responsible to maintain originals of all content stored on Providers servers.
   
   Provider has no obligation to review, inspect, edit or monitor any Content stored by any User of the Service, including, without limitation, for viruses, worms, "Trojan horses" or any other similar contaminating or destructive features. Provider reserves the right to refuse, remove or disable access to any Content stored on Provider´s servers, without notice, that Provider learns may be illegal, may violate the terms of paragraph 2 above, may violate the rights of any third party or otherwise may be reasonably objectionable, although it has no obligation to do so.
   
   
7. Disclaimer of Warranties
   The transmission, storage, viewing and retrieval of Content through the World Wide Web is subject to a variety of conditions that make such transmission, storage, viewing and retrieval potentially unreliable. ACCORDINGLY, USER'S USE OF USER'S ACCOUNT AND THE SERVICE IS AT USER'S SOLE RISK. USER'S ACCOUNT AND THE SERVICE IS PROVIDED TO USER ON AN "AS IS" AND "AS AVAILABLE" BASIS. PROVIDER, ON BEHALF OF ITSELF AND ITS DISTRIBUTORS, ADVERTISERS AND SUPPLIERS, DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO USER'S ACCOUNT AND THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT). PLEASE NOTE THAT USER'S ACCOUNT AND THE SERVICE MAY NOT MEET USER'S NEEDS. PROVIDER MAKES NO REPRESENTATION OR WARRANTY: (A) THAT USER'S ACCOUNT OR THE SERVICE WILL MEET USER'S NEEDS; (B) THAT ACCESS TO USER'S ACCOUNT OR THE SERVICE WILL BE TIMELY, ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE; (C) THAT THE DATA AND FILES USER STORE IN USER'S ACCOUNT WILL NOT BE LOST OR DAMAGED; (D) AS TO THE RESULTS THAT MAY BE OBTAINED FROM USER'S USE OF THE SERVICE; OR (E) THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. USER ACKNOWLEDGES THAT ANY CONTENT, MATERIAL OR DATA USER RETRIEVES THROUGH THE USE OF THE SERVICE IS DONE AT USER'S CHOICE AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE RETRIEVAL OF SUCH MATERIAL OR DATA.
   
   
8. Limitations of Liability
   IN NO EVENT SHALL PROVIDER OR ITS ADVERTISERS OR SUPPLIERS HAVE ANY OBLIGATION OR LIABILITY TO USER FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR CONTENT OR DATA OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF CONTENT, DATA, REVENUE OR PROFITS OR BUSINESS INTERRUPTION) OR OTHER PECUNIARY LOSS ARISING OUT OF USER'S USE OR INABILITY TO USE USER'S ACCOUNT OR THE SERVICE OR USER'S LOSS OF CONTENT, DATA OR FILES STORED THEREIN.
   
   
9. Force Majeure
   Provider will not be liable for any nonperformance, delay, error, data loss or other loss caused by any events or conditions that are beyond the reasonable control of Provider.
   
   
10. Indemnification
    Each User will defend, indemnify and hold Provider, its parents, subsidiaries, affiliates, agents, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys´ fees and costs, made by any third party due to or arising out of (a) User's use of User's Account and the Service, (b) any data files and Content stored by User in User's Account and otherwise on the Provider servers and (c) any violation of these Terms and Conditions by User.
    
    
11. Termination
    Provider may terminate any User's right to use the Services at this Site with or without cause at any time by giving notice of such termination to the other in the manner described in paragraph 12 below. Further, if Provider believes, in its sole and absolute discretion, that User has violated User's obligations under these Terms and Conditions or materially exceeded the level of data storage and/or transfer services that Provider is able to provide, Provider may, at its option and in addition to its other remedies, immediately and without notice, suspend User's Account, remove Content stored by User on Provider´s servers and/or terminate User's rights to use the Services. Provider may, but is not obligated to, provide User with a warning and a time in which to cure prior to suspending the account. Provider will not be liable to User or any third party for any suspension or termination of User's Account or the Service. Should User object to any of these Terms and Conditions or any subsequent modifications thereto or become dissatisfied with the Service in any way, User's only recourse is to immediately: (a) discontinue use of the Service; and (b) notify Provider of such discontinuation. Upon any termination, User will cease use of the Service and immediately remove all of User's stored Content from the Provider servers. Provider may, but has no obligation to, destroy any of User's stored Content that are not removed from Provider´s servers within fifteen (15) days after notice of discontinuation by User. Paragraphs 7, 8, 9, 10, 11, 12, 13 and 15 of these Terms and Conditions (and any other provision that can be reasonably construed to survive termination) will survive any termination or discontinued use of the Services provided at this Site.
    
    
12. Notices
    Any notice given by Provider to User will be deemed to be properly given if sent by e-mail to User's e-mail address as set forth in the Registration Information. Any notice given by User to Provider will be deemed to be properly given if received by e-mail sent to Provider at [ ] or by written communication delivered by first class postage prepaid U.S. mail or reputable overnight courier to:
    
    Both Provider and User may from time to time change its address for notices under this paragraph by giving the other party notice of the change in accordance with this paragraph.
    
    
13. Severability
    These Terms and Conditions will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of these Terms and Conditions is held to be invalid or unenforceable under applicable law to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (b) such invalidity or unenforceability will not affect any other provision of these Terms and Conditions.
    
    
14. Modifications
    These Terms and Conditions may be changed only by a written agreement between User and Provider or by Provider posting amended or modified Terms and Conditions at the Site.
    
    
15. Miscellaneous
    User will not assign any of User's rights, obligations or User's Account. Without limiting the foregoing, these Terms and Conditions are binding upon and inures to the benefit of the parties and their respective successors and assigns. Provider´s failure to insist upon or enforce strict performance of any provision or right of these Terms and Conditions will not be construed as a waiver of any provision or right. These Terms and Conditions will be governed by the laws of the State of New Jersey, without regard to its conflict of laws rules. The provisions of the U.N. Convention on Contracts for the International Sale of Goods and any successor treaties will not apply. User consents to the venue and exclusive jurisdiction of the state and federal courts located in New Jersey, with regard to any claim arising under or otherwise occurring by reason of these Terms and Conditions or User's use of the Service or User's Account. User will commence any claim or cause of action arising under or otherwise occurring by reason of these Terms and Conditions or User's use of the Site within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred. These Terms and Conditions constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes any and all prior and contemporaneous understandings and agreements.
    
    
16. Copyright Agent and Removal Policy
    Provider will respond to complaints of copyright violations according to its Copyright Policy. Provider provides online services for the storage of data files and other content provided by third parties, Provider does not tolerate infringing material on its site or servers, and may (at its option, but without any obligation) remove content that appears to infringe any copyright or other intellectual property rights, as well as terminate the online account of any individual or entity who posts infringing material.
    
    If User believe that User's copyright in any material has been infringed by a Provider account holder, please notify Provider´s Agent for Notice of claims of copyright infringement at [ ]. User's notice must include the following information:
    
    1. Identify the copyrighted work that User claim has been infringed;
    2. Identify the material on the Provider site or servers that User claim is infringing, with enough detail so that we may locate it on the site;
    3. Provide User's address, telephone number, and e-mail address;
    4. Provide a statement declaring under penalty of perjury that (a) User have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, (b) the above information in User's notice is accurate, and (c) User is the owner of the copyright interest involved or User is authorized to act on behalf of that owner; and
    5. Provide User's physical or electronic signature.
    
    We will then evaluate User's Notice and take such action as is appropriate under the Digital Millennium Copyright Act, 17 U.S.C. § 512 et seq.
    
    Please note that Provider will terminate the account of any account holder about whom Provider receives repeated complaints of copyright infringement.
    
    If User have any questions about this Copyright Policy, please contact Provider.