The Newfound Web Site, is produced by Newfound Communications Inc. ("NEWFOUND", "us", or "we"). NEWFOUND provides the Newfound Web Site and various related services (together referred to as the "Site") subject to your compliance with these Terms of Service. By using the Site, you are entering into a legal agreement with NEWFOUND to abide by these TOS. If you do not wish to be bound by the TOS, please exit the Site now.

Your sole remedy for dissatisfaction with the Site, or anything available on the Site, is to stop using the Site or the particular services.

NEWFOUND may amend these TOS from time to time by updating this page. Your continued use of the Site after revisions have been made will indicate your acceptance of the revised TOS. Please bookmark and periodically review this page for updates to ensure that you are familiar with the most current version. A link to this page appears on most Site pages.

Children. The Site is not targeted to children (people under thirteen years of age), nor do we provide services or sell products intended for use or purchase by children. To the extent that any child-related services or products are available on the Site, they are for use or purchase by adults. Parental controls are commercially available that may assist you in limiting access to material that is harmful to minors. Current providers of these controls can be found here. If you are 13 or older but under the applicable legal age to enter into a binding contract, you must have a parent or guardian register for you. If you are under 13, please do not register or use this Site.

Definitions: When used in these TOS, certain words have particular meanings:

• NEWFOUND's "Affiliates" are all parties involved in creating, producing, and/or delivering the Site that have a relationship with NEWFOUND separate from these TOS, including our affiliated companies, information providers, partners, sponsors, contractors, advertisers, and suppliers of products and services to NEWFOUND. Nothing in these TOS create any obligations of any Affiliate to you, or gives you any rights against any Affiliate.
• A "Third Party" is any entity other than NEWFOUND or our employees or agents when properly acting in that capacity.
• Something is "available on the Site" when a user is able to perceive or obtain it by using the Site, even if further, off-Site action (including payment) is needed. For example, if you contract for services with a company, and the Site's only role was that you read a news article about it, those services are still "available on the Site" for purposes of these TOS.
• "Material" on the Site refers to any product, service, information, content, and anything else available on the Site, regardless of its source.
• A "Submission" is anything that a user transmits to the Site (regardless of ultimate destination) other than a private e-mail message.
• When a form of the word "include" is used to give specific examples of something, it's not meant to exclude any other possibilities.

You should assume that the Site and all of its contents and components (including Submissions, underlying code, graphics, etc.) are copyrighted, and that, except for a single copy for your personal use only, you may not copy, resell, or redistribute any part of the Site in any manner without the express written permission of the owner(s).

Copyright © 1999-2002 Newfound Communications, Inc. All rights reserved. Patents pending. All other trademarks are trademarks or registered trademarks of their respective owners. Nothing in these TOS grants you any right to use any trademark, service mark, logo, or trade name of Newfound or any Third Party.

Copyright Owners' Rights Under the Digital Millennium Copyright Act Of 1998. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe that something appearing on the Site infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. Notices and counter-notices must meet the DMCA's requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. You can find more information at the U.S. Copyright Office web site.

Send notices and counter-notices to: Legal Dept.., Newfound Communications, Inc., 15 Union St. Suite 409, Lawrence, MA, telephone 978-794-3878, or fax them to 978-794-1791. Please do not use this contact information for any other purpose. If you need to contact us for any other reason, please use ourContact Us section.

Content available on the Site often represents the opinions and judgments of a Third Party. NEWFOUND does not investigate or endorse, and is not responsible for the accuracy or reliability of, any information, opinion, advice, or statement available on the Site, unless given by an authorized NEWFOUND spokesperson acting in his/her official capacity (which does not include community leaders or chat moderators). It is your responsibility to evaluate the accuracy, reliability, completeness, and usefulness of any information, opinion, advice, or other content available on the Site. In particular, we strongly suggest you consult your own professional advisor(s) before relying on any legal, financial, or other professional advice or information you obtain on the Site.

While we use reasonable efforts to include accurate and up-to-date information on the Site, under no circumstances will NEWFOUND or our Affiliates be liable for any loss or damage caused by your reliance on any information, opinion, advice, or statement available on the Site. (If you notice an error, please contact us through our Contact Us section.)

We may refuse to display, or may remove at any time, without notice or liability, any information or material, in whole or in part, that we determine in our sole discretion to be unacceptable, offensive, or in violation of these TOS.

Submissions. You are solely responsible for all Submissions from your account. All Submissions must comply with the Code of Conduct appearing later in these TOS. We may monitor or review Submissions from time to time (remember that Submissions don't include private e-mail messages), although we are under no obligation to do so and assume no responsibility or liability arising from the content of any Submission. NEWFOUND will cooperate with law enforcement authorities or court orders directing NEWFOUND to disclose account information relating to origin of any Submission. These TOS do not affect the copyright ownership of your Submissions. By transmitting a Submission, you are granting NEWFOUND perpetual, non-exclusive, permission to use, modify, display, and distribute that Submission in any manner worldwide without any obligation or liability to you.

Subject to NEWFOUND's Privacy Policy, we may treat any Submission that comes to our attention, and any message that you transmit to NEWFOUND (whether by e-mail or otherwise), as non-confidential and non-proprietary, and may use anything that contained therein in any manner, for any purpose, without credit or compensation. This does not grant us any right to access any material beyond what is already stated in our Privacy Policy.

Third-Party Sites. Portions of the Site may involve linking to or using web sites belonging to Third Parties. We have no control over Third-Party sites, and all use of Third-Party sites is at your own risk.

Note: While NEWFOUND encourages Third Parties to maintain policies for their sites consistent with our TOS and our Privacy Policy, they don't automatically apply on Third-Party Sites. We cannot be responsible for any action (or failure to act) of any Third Party.

Your use of any aspect of the Site is at your own risk. Neither NEWFOUND nor any Affiliate will be liable for any direct, incidental, consequential, indirect, punitive, exemplary, or other damages, whether under any contract, tort (including negligence), strict liability, or other theory, and regardless of whether it has been advised of the possibility of such claim or damage, arising in connection with: (a) your use of (or inability to use) the Site or any Site component, including any transactions that involve the Site; (b) any Material available (or intended to be available) on the Site; (c) any error or omission of NEWFOUND, or any act or omission of any Third Party; (d) any error, delay, interruption, operational problem, unavailability, or failure in the Site, any Site component, or any directly or indirectly related equipment, system, programming, or network (including the Internet); (e) any breach of security involving the Site or your account; or (f) any viruses or other code or component that may affect your computer system or other property as a result of your use of the Site. IN NO EVENT SHALL LIABILITY TO YOU ARISING FROM ANY MATTER RELATING TO THE SITE EXCEED $100. If we elect to offer any form of guarantee or warranty program in connection with aspects of the Site, that program will be strictly limited to its terms, and will not limit anything in these TOS except to the extent those terms expressly so state.

NEWFOUND and our Affiliates: (a) make no warranties or representations as to the completeness, accuracy, currency, or availability of anything available (or intended to be available) on the Site; and (b) will not be liable or responsible for any typographical or other errors, or any omissions, in anything available on the Site (regardless of the cause or party responsible), or for any resulting damages.

WITHOUT LIMITING THE FOREGOING, EXCEPT AS EXPRESSLY STATED IN THESE TOS, EVERYTHING AVAILABLE ON THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

ANY WARRANTY PROVIDED IN CONNECTION WITH ANYTHING AVAILABLE ON THE SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY NEWFOUND OR ANY OF OUR AFFILIATES (except to the extent that such Third Party is an Affiliate). NEWFOUND cannot take responsibility for the quality or any other matter relating to anything offered by a Third Party.

Certain specific information providers apply additional terms with regard to their material, at the end of these TOS.

You agree to indemnify, defend, and hold harmless Newfound and our Affiliates, and the respective employees, directors, officers, and agents of each, against any and all claims, damages, or costs or expenses (including reasonable attorneys' fees) that arise directly or indirectly from: (a) your breach of these TOS; (b) any loss or damage experienced from your use or attempted use of (or inability to use) the Site, including any transactions that you conduct or attempt; (c) your violation of any law or regulation; (d) your infringement of any right of any Third Party; and (e) any other matter for which you are responsible hereunder or under law.

Code of Conduct

You agree to abide by the following Code of Conduct. The Site is intended for use by business people. While we don't discourage use for personal purposes (except where otherwise noted), it will be a factor in determining acceptable conduct.

You are responsible for all use of your account, including any mail sent and any charges and faxes incurred, unless you have notified us by e-mail (to info@newfoundcomm.net or by phone (to 1-978-794-3878) that your account has been compromised, and have requested us to block access to it. Failure to abide by this Code of Conduct or the TOS is grounds for immediate limitation or termination of your account without notice, and, in certain cases, can subject you to civil or criminal penalties. We do not police for, and cannot guarantee that we will learn of or prevent, any inappropriate use of the Site.

1. You may not use the Site in any manner that:
• infringes (or results in the infringement of) NEWFOUND's or any Third Party's intellectual property or other rights;
• is (or you reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material;
• does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. In the case of any proposed or actual transaction, "applicable" refers to both your own location and to location(s) of all other parties to the transaction; or
• would cause NEWFOUND and/or any Affiliate to be in violation of any law or regulation, or to infringe any right of any Third Party.


2. You may not use the Site to post, store, transmit, offer, or solicit anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following:
• material that meets any of the descriptions in 1., above;
• material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes, or items associated with such an entity);
• material that is defamatory or threatening;
• pornography (including any obscene material, and anything depicting children in sexually suggestive situations whether or not depicting actual children); or
• any virus, worm, Trojan horse, or other harmful or disruptive component.



In addition, you may not use the Site to post, store, or transmit advertising, promotional material, or solicitations of goods or services, except in areas of the Site designated for the purpose.

3. Without limiting any other part of these TOS, you may not use the Site to offer or solicit or to further or facilitate in any manner any transaction involving, any of the following:
• firearms and ammunition, other weapons, explosives;
• fireworks;
• human or animal body parts and remains;
• tobacco


4. You may not do (or attempt to do) any of the following in connection with the Site:
• Restrict or inhibit use of the Site. This includes: (a) using any account without the owner's permission; (b) obtaining or soliciting another person's password or other personal information under false pretenses; or (c) impersonating another user or otherwise misrepresenting yourself in any manner, whether to another user, to us, or otherwise.
• Interfere with the operation of the Site. This includes: (a) interfering with, defeating, or circumventing any access or security function of the Site; or (b) accessing any portion of the Site that you are not authorized to access.
• Misuse any e-mail function available on the Site. This includes: (a) sending unsolicited commercial e-mail that causes complaints from the recipients; (b) continuing to send commercial e-mail to a recipient who has requested that you discontinue such communication; (c) sending bulk e-mails, "spam", chain letters, "mail bombs", or other disruptive transmissions; or (d) forging message headers or otherwise concealing an e-mail address or preventing others sending a response to a actual sender of a message.
• Modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile or disassemble any portion of the Site without our prior written authorization. This includes framing or mirroring any part of the Site.
• Remove any copyright, trademark, or other proprietary rights notice contained in any Material.
• Use any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Material.
• Harvest, collect, or mine information about other users of the Site.
• Create a database by systematically downloading and storing all or any of the Material on the Site.

In order to use certain parts of the Site, you may be asked to supply certain personal information. NEWFOUND will treat all personal information as described in our Privacy Policy. All personal information that you provide must be accurate, complete, and kept current. Please note that, while we seek to have the companies with which we do business observe the spirit of our Privacy Policy, we cannot be responsible for what they do with personal information that you provide.

Other Terms

Supplemental Terms. Specific services that we offer may be subject to supplemental terms that are posted on the Site or provided to you when you select such services. Your use of such services is subject to all such supplemental terms. In the event of a conflict between these TOS and any supplemental terms, the supplemental terms will control.

We may at any time, without prior notice: (a) cancel any user account, or limit any user's access to all or portions of the Site; (b) change or eliminate any component of the Site; (c) impose, remove, or change any fees or charges for use of the Site or any feature thereof; and (d) assign any and all of our rights under these TOS to any other entity. These TOS will bind and inure to the benefit of each party's permitted successors and assigns.

We may elect to keep archives of all or parts of the Site, but we cannot guarantee that anything available on the Site, or any records or information relating to the Site, will be archived, or that any archives will be preserved or made publicly available. We may delete any such information without notice, at our sole discretion.

Software and all other Material available on the Site is subject to United States Export Controls. No software from the Site may be downloaded or exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (b) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By making any use of the software or other Material, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

You are responsible for maintaining the confidentiality of your account information and any password(s), and must immediately notify NEWFOUND of any unauthorized use of your account. Protect your password -- remember that you are responsible for all use of your account. NEWFOUND personnel will never ask you for your password.

Although the Site may be accessible worldwide, various Material, areas, and/or functions of the Site may not be available to all persons in all geographic locations or jurisdictions. We may impose and change such limitations in our sole discretion. Any offer for any Material is void where prohibited.

Nothing contained in these terms shall be construed to limit the actions or remedies available to NEWFOUND or our Affiliates with respect to any prohibited activity or conduct. Non-enforcement of any term of these TOS does not constitute consent or waiver, and NEWFOUND reserves the right to enforce such term at our sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. These TOS are for the benefit of NEWFOUND and our Affiliates (and respective assignees), and each shall have the right to assert and enforce its provisions against you directly on its own behalf. These TOS supersede any prior agreements between you and NEWFOUND with regard to your use of the Site.

Restricted Rights Legend. If you represent an agency or instrumentality of the United States Government, the software and any related documentation available on the Site are "commercial computer software" and "commercial computer software documentation" and, pursuant to FAR 12.212 or DFARS 227.7202 and their successors, as applicable, use, reproduction and disclosure of such software and documentation are governed by the terms of this TOS.

Miscellaneous. These TOS shall be governed by the law of the Commonwealth of Massachusetts exclusive of its choice of law rules, and without regard to the United Nations Convention on the International Sales of Goods. Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with these TOS or the Site shall be brought in the state or federal courts in the State, City, and County of New York, United States of America, and you irrevocably consent to their jurisdiction. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees. In the event that any provision of these TOS are held to be unenforceable, such provision shall be limited or eliminated to the minimum extent necessary to keep these TOS otherwise in full force and effect. Nothing in this Agreement creates any agency, employment, joint venture, or partnership relationship between you and NEWFOUND or any Affiliate.

Except as maybe expressly stated in these TOS, these TOS constitute the entire agreement between NEWFOUND and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled.