eWIDE NETWORKS TERMS OF USE AGREEMENT

eCampusWide.com is an online community network owned by eWide Networks, Inc. (�eWide Networks� or �we�) that is designed to create unique and personal interactions between students, faculty, and staff at the University of Georgia (�UGA�) and their surrounding environment.  The services offered by eWide Networks include the eCampusWide.com website (the �eCampusWide Website�), the eCampusWide.com messaging service, and any other features, content, or applications offered from time to time by eWide Networks in connection with the eCampusWide Website (collectively, the �eCampusWide Services�).  The eCampusWide services are hosted in the United States.

This Terms of Use Agreement (�Agreement�) sets forth the legally binding terms for your use of the eCampusWide Services. By using the eWide Campus Services, you agree to be bound by this Agreement, whether you are a �Visitor� (which means that you simply browse the eCampusWide Services with limited viewing privileges) or you are a �Member� (which means that you have registered for the eWideCampus Services) (�Visitors� and �Members� collectively referred to herein as �Users�).  You are only authorized to use the eCampusWide Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the eCampusWide Website and discontinue use of the eCampusWide Services immediately. If you wish to become a User, communicate with other Users and make use of the eCampusWide Services, you must read this Agreement and indicate your acceptance during the registration process.

This Agreement includes eWide Networks� policy for acceptable use of the eCampusWide Services and Content posted on the eCampusWide Website, your rights, obligations and restrictions regarding your use of the eCampusWide Services and eWide Networks� Privacy Policy. In order to participate in certain eCampusWide Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the eCampusWide Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: support@ecWide.com, Subject: Terms of Use Agreement.

eWide Networks may modify this Agreement from time to time and such modification shall be effective upon posting by eWide Networks on the eCampusWide Website. You agree to be bound to any changes to this Agreement when you use the eCampusWide Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on the eCampusWide Website and that you provide to other Users. Your eCampusWide Website profile shall not include, and you shall not upload, post, transmit, share, store, or otherwise make available on the eCampusWide.com Website, the following items: any text, photographs, audio, or video containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other eCampusWide Services Users (for instance, in their profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and eWide Networks assumes no responsibility or liability for this material. If you become aware of misuse of the eCampusWide Services by any person, please contact misuse@eCampusWide.com or click on the �Report Inappropriate Content� link at the bottom of any eCampusWide.com page.

eWide Networks reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the eCampusWide Services at any time, for any or no reason, with or without prior notice, and without liability.

1. Eligibility and Registration. Use of and Membership in the eCampusWide Services is void where prohibited. By using the eCampusWide Services, you represent and warrant that (a) all registration information you submit is truthful, accurate, and complete; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the eCampusWide Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age.

In order to become a Member of the eWideCampus Services, you must register as a Student User, Factulty/Satff User, Regional User, or Subscriber User.

Student User - You are eligible for Membership as a Student User only if you are currently enrolled as a student at UGA as determined by eWide Networks in its sole discretion.

Factulty/Satff User - You are eligible for Membership as a Faculty/Staff User only if you are a current UGA employee or contractor as determined by eWide Networks in its sole discretion..

Regional User - You are eligible for Membership as a Regional User if you do not meet the criteria for being a Student User or Faculty/Staff User but would like to participate in the eCampusWide Services with limited privileges and access.

Subscriber User - You are eligible for Membership as a Subscriber User if you pay a subscription fee or advertising fee to eWide Networks pursuant to a separate Advertisement Agreement.

Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are registered as a type of User for which you do not qualify.

2. Term. This Agreement shall remain in full force and effect while you are a User of the eCampusWide Services. You may terminate your Membership at any time, for any reason, by deleting your profile in the My Profiles section or by sending an email to administrator@eCampusWide.com. eWide Networks may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 4-17.
3. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality and security of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify eWide Networks immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
4. Use by Users. Illegal and/or unauthorized use of the eCampusWide Services, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the eCampusWide Website is prohibited.  Appropriate legal action will be taken for any illegal or unauthorized use of the eCampusWide Services.
5. Proprietary Rights in Content on eCampusWide.com.
   1. eWide Networks does not claim any ownership rights in the text, files, images, graphics, photos, video, sounds, applications, software, information, musical works, works of authorship, or any other materials (collectively, �Content�) that you upload, publish, display, transmit, share, or post (hereinafter �post�) to or through the eCampusWide Services. After posting your Content to the eCampusWide Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By posting any Content on or through the eCampusWide Services, you hereby grant to eWide Networks an irrevocable, limited license to use, modify, publicly perform, publicly display, reproduce, reformat, translate, excerpt (in whole or in part), make derivative works from, and distribute such Content solely on and through the eCampusWide Services.

The license you grant to eWide Networks is non-exclusive (meaning you are free to license your Content to anyone else in addition to eWide Networks), fully-paid and royalty-free (meaning that eWide Networks is not required to pay you for the use on the eCampusWide Services of the Content that you post), sublicensable and transferable (so that eWide Networks is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the eCampusWide Services), and worldwide (because the Internet and the eCampusWide Services are global in reach). This license will terminate at the time you remove your Content from the eCampusWide Services, however, you acknowledge that eWide Networks may retain archived copies of your Content. The license does not grant eWide Networks the right to sell your Content, nor does the license grant eWide Networks the right to distribute your Content outside of the eCampusWide Services.

5. 2. You represent and warrant that: (i) you own the Content posted by you on or through the eCampusWide Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the eCampusWide Services does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person and does not contain any libelous, defamatory, or otherwise, unlawful material. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the eCampusWide Services.
   3. The eCampusWide Services contain Content of eWide Networks (�eWide Networks Content�). eWide Networks Content is protected by copyright, trademark, patent, trade secret and other laws, and eWide Networks owns and retains all rights in the eWide Networks Content and the eCampusWide Services. No eWide Networks Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without eWide Networks� prior written permission, except that the foregoing does not apply to your own Content that you legally post on the eCampusWide Services. You are granted a limited license to access and/or use the eCampusWide Services and the eWide Networks Content and to download or print a copy of any portion of the eWide Networks Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own Content, you may not upload or republish eWide Networks Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the eWide Networks Content is strictly prohibited. Such license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the eCampusWide Services or the eWide Networks Content other than as specifically authorized herein, without the prior written permission of eWide Networks, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
   4. The eCampusWide Services contain Content of other Users and other eWide Networks licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the eCampusWide Services.
6. Trademarks.  eWIDE NETWORKS AND eCAMPUSWIDE and other eWide Networks graphics, logos, designs, page headers, button icons, scripts and service names are trademarks or trade dress of eWide Networks. eWide Networks� trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of eWide Networks.
7. Content Posted.
   1. eWide Networks may, but is not obligated to, delete (without notice) any Content that in the sole judgment of eWide Networks violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. eWide Networks assumes no responsibility for monitoring the eCampusWide Services for inappropriate Content or conduct. If at any time eWide Networks chooses, in its sole discretion, to monitor the eCampusWide Services, eWide Networks nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.  You are solely responsible at your sole cost and expense for creating backup copies and replacing any Content you post or store on the eCampusWide Services or provide to eWide Networks.
   2. You are solely responsible for the Content that you post on or through any of the eCampusWide Services, and any material or information that you transmit to other Users and for your interactions with other Users. eWide Networks does not endorse and has no control over the Content. Content is not necessarily reviewed by eWide Networks prior to posting and does not necessarily reflect the opinions or policies of eWide Networks. eWide Networks makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Users.
8. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the eCampusWide Services. eWide Networks reserves the right to investigate and take appropriate legal action against anyone who, in eWide Networks� sole discretion, violates this provision, including without limitation, removing the offending communication from the eCampusWide Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of eWide Networks:  
   1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
   2. harasses or advocates harassment of another person;
   3. exploits people in a sexual or violent manner;
   4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
   5. solicits personal information from anyone under 18;
   6. provides any telephone numbers, street addresses, last names, URLs or email addresses;
   7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
   8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
   9. involves the transmission of �junk mail,� �chain letters,� or unsolicited mass mailing, instant messaging, �spimming,� or �spamming�;
   10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
   11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
   12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; or
   13. includes a photograph of another person that you have posted without that person's consent.

The following is a partial list of the kind of activity that is illegal or prohibited on the eCampusWide Website and through your use of the eCampusWide Services. eWide Networks reserves the right to investigate and take appropriate legal action against anyone who, in eWide Networks� sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

8. 14. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
   15. Transmitting any chain letters or junk email to other Users. It is also a violation of these rules to use any information obtained from the eCampusWide Services in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect our Users from such advertising or solicitation, eWide Networks reserves the right to restrict the number of emails which a User may send to other Users in any 24-hour period to a number which eWide Networks deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the eCampusWide Services, you acknowledge that you will have caused substantial harm to eWide Networks, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay eWide Networks $50 for each such unsolicited email or other unsolicited communication you send through the eCampusWide Services;
   16. covering or obscuring the banner advertisements on your personal profile page, or any eCampusWide.com page via HTML/CSS or any other means;
   17. any automated use of the system, such as using scripts to collect information from or otherwise interact with the eCampusWide Services;
   18. interfering with, disrupting, or creating an undue burden on the eCampusWide Services or the networks or services connected to the eCampusWide Services;
   19. attempting to impersonate another User or person or falsely or otherwise misrepresenting yourself or your affiliation with any other person or entity; 
   20. using the account, username, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account;
   21. selling or otherwise transferring your profile;
   22. using any information obtained from the eCampusWide Services in order to harass, abuse, or harm another person; or
   23. using the eCampusWide Services in a manner inconsistent with any and all applicable laws and regulations or in any manner that could damage, disable, overburden, or impair the eCampusWide Services.
9. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of eWide Networks to terminate privileges of any User who repeatedly infringes the copyright rights of others upon receipt of prompt notification to eWide Networks by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the eCampusWide Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the eCampusWide Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. eWide Networks� Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, eWide Networks, Inc., 85 North Ave. Apt. 3, Athens, GA 30601; Attn: Copyright Agent; Email: administrator@eCampusWide.com.
10. User Disputes. You are solely responsible for your interactions with other eCampusWide Services Users. eWide Networks reserves the right, but has no obligation, to monitor disputes between you and other Users.
11. Privacy. Use of the eCampusWide Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
12. Disclaimers. eWide Networks is not responsible for any incorrect or inaccurate Content posted on the eCampusWide Website or in connection with the eCampusWide Services, whether caused by Users of the eCampusWide Services or by any of the equipment or programming associated with or utilized in the eCampusWide Services. Profiles created and posted by Users on the eCampusWide Website may contain links to other websites. eWide Networks is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by eWide Networks. Inclusion of any linked website on the eCampusWide Services does not imply approval or endorsement of the linked website by eWide Networks. When you access these third-party sites, you do so at your own risk. eWide Networks takes no responsibility for third party advertisements which are posted on this eCampusWide Website or through the eCampusWide Services, nor does it take any responsibility for the goods or services provided by its advertisers. eWide Networks is not responsible for the conduct, whether online or offline, of any User of the eCampusWide Services. eWide Networks assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. eWide Networks is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the eCampusWide Services or combination thereof, including any injury or damage to any Users, or any other person�s computer related to or resulting from participation or downloading materials in connection with the eCampusWide Services. Under no circumstances shall eWide Networks be responsible for any loss or damage, including personal injury or death, resulting from use of the eCampusWide Services, attendance at a eWide Networks event, from any Content posted on or through the eCampusWide Services, or from the conduct of any Users of the eCampusWide Services, whether online or offline. The eCampusWide Services are provided "AS-IS" and as available and eWide Networks expressly disclaims any warranty of fitness for a particular purpose or non-infringement. eWide Networks cannot guarantee and does not promise any specific results from use of the eCampusWide Services.
13. Limitation on Liability. IN NO EVENT SHALL EWIDE NETWORKS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WCAMPUSWIDE SERVICES, EVEN IF EWIDE NEWTWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EWIDE NETWORKS� LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO EWIDE NETWORKS FOR THE ECAMPUSWIDE SERVICES DURING THE TERM OF MEMBERSHIP.
14. U.S. Export Controls. Software available in connection with the eCampusWide Services (the �Software�) is further subject to United States export controls. No Software may be downloaded from the eCampusWide Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
15. Disputes. If there is any dispute about or involving the eCampusWide Services, you agree that the dispute shall be governed by the laws of the State of Georgia, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Georgia, Clarke County.  Either eWide Networks or you may demand that any dispute between eWide Networks and you about or involving the eCampusWide Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in ________, _______, USA, provided that the foregoing shall not prevent eWide Networks from seeking injunctive relief in a court of competent jurisdiction.
16. Indemnity. You agree to indemnify and hold eWide Networks, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys� fees, made by any third party due to or arising out of your use of the eCampusWide Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the eCampusWide Website or through the eCampusWide Services causes eWide Networks to be liable to another.
17. Other. This Agreement is accepted upon your use of the eCampusWide Website or any of the eCampusWide Services and is further affirmed by you becoming a User. This Agreement constitutes the entire agreement between you and eWide Networks regarding the use of the eCampusWide Services. The failure of eWide Networks to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact us at: support@ecWide.com with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.