1 GENERAL RULES AND DEFINITIONS 1.2 If you choose to use the Abuzz Web and email service (the "Service"), you will be agreeing to abide by all of the terms and conditions of this Agreement between you and New York Times Digital and its wholly-owned subsidiary, Abuzz Technologies Inc. ("NYTD"). 1.3 NYTD may change, add, or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Service, or send them to you via email or postal mail. 1.4 IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU MAY CANCEL YOUR SUBSCRIPTION BY SENDING EMAIL TO: unsubscribe@abuzz.com (SEE SECTION 10.1 REGARDING TERMINATION OF SERVICE). YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS. 1.5 NYTD may change, suspend, or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. NYTD may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. 2 NYTD CONTENT AND SUBSCRIBER SUBMISSIONS 2.2 The contents of the Service are intended for your personal, noncommercial use. All materials published on the Service (including, but not limited to bulletins and question-and-answer exchanges ("Discussions"), published documents, news articles, photographs, images, illustrations, audio clips, and video clips, collectively, the "Content") are protected by copyright, and owned or controlled by The New York Times Company and NYTD, or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service. 2.3 The Service and its Contents are protected by copyright pursuant to U.S. and international copyright laws. Except as explicitly provided in Section 2.3 of this Agreement, you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Service (including software) in whole or in part. 2.4 You may download or copy the Content and other downloadable items displayed on the Service for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from The New York Times Rights and Permissions Department, or the copyright holder identified in the copyright notice contained in the Content. You may start or add to a Discussion, forward Discussions to other Abuzz Subscribers, and publish bulletins, subject to the rules in Section 3 of this Agreement. 2.5 Certain Content is furnished by the Associated Press, which will not be liable for any delays, inaccuracies, errors or omissions in any such Content, or in the transmission or delivery of all or any part thereof, or for any damages arising therefrom. 2.6 You acknowledge that any Content created by you and published on the Service may be copied, edited, removed, reused, modified, published, transmitted, and displayed by NYTD and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you. 3 DISCUSSIONS 3.2 You shall not upload to, or distribute or otherwise publish in any Discussion any libelous, defamatory, obscene, pornographic, gratuitously sexual, abusive, harassing or otherwise illegal material. 3.3 a) Be courteous. You agree that you will not threaten or verbally abuse other members, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or "spam." b) Use respectful language. Abuzz is as helpful and reliable as the people in it. Like any community, it flourishes only when its members feel welcome and safe. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent removal from Abuzz. c) Use appropriate language. Some questions, answers and discussions may deal with sensitive topics. While NYTD encourages open exchanges, even about adult-oriented issues, members are asked to consider the different ages and sensitivities of the entire community while participating in Abuzz. d) Debate, but don't attack. In a system full of opinions and preferences, people always disagree. NYTD encourages active discussions and welcomes heated debate in Abuzz discussions. But personal attacks are a direct violation of this Agreement and are grounds for immediate and permanent removal from Abuzz. e) Remember that member participation is what makes Abuzz valuable. If you post information other members consider unsuitable or disrespectful, no one will stay in your discussion and you'll lose the opportunity to connect with other members and share your knowledge. 3.4 The Discussions shall be used only in a noncommercial manner. You shall not, without the express approval of NYTD, distribute or otherwise publish any material containing any solicitation of funds, advertising, or solicitation for goods or services. 3.5 THIS SITE DOES NOT PROVIDE MEDICAL ADVICE. All the contents of Abuzz, including all Questions, Answers, Bulletins, Archives and Discussions, are for informational purposes only. It is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. You should never disregard professional medical advice because of something you've received from or read in Abuzz. 3.6 All Abuzz members are free to offer recommendations about products and services, including their own or their employer's. However, if you are discussing or recommending a product or service with which you have a professional affiliation, you must state that affiliation. Abuzz is not a broadcast medium for advertisements. NYTD reserves the right, at its sole discretion, to remove messages that it deems to be advertisements by nature of their content, format, tone or use in Abuzz. Members disregarding this policy may have parts or all of their access to the Service restricted without notice. 3.7 You are solely responsible for the content of your messages. However, while NYTD does not and cannot review every message posted by you in a Discussion and is not responsible for the content of these messages, NYTD reserves the right to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable. 4 ACCESS AND AVAILABILITY OF SERVICE AND LINKS 4.2 The Service contains links to other related World Wide Web Internet sites, resources, and sponsors of the Service. Since NYTD is not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site. 5 REPRESENTATIONS AND WARRANTIES 5.2 You represent, warrant, and covenant that no materials of any kind submitted through your account will (a) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (b) contain libelous or otherwise unlawful material. You hereby indemnify, defend, and hold harmless NYTD, and all officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties, and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. NYTD reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. 5.3 NYTD does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICE AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. 6 REGISTRATION AND SECURITY 6.2 As part of the registration process, you must provide an email address and select or be provided with a password. You may also give us certain registration information, all of which must be accurate and updated. (a) You may not (i) select or use the email address, member name, or name of another person with the intent to impersonate that person; (ii) use an email address or member name in which another person has rights without such person's authorization; or (iii) use a member name or name that NYTD, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account. (b) You shall be responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of NYTD. 6.3 You shall notify support@abuzz.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. 6.4 You are responsible for all usage or activity on your Abuzz account, including use of the account by any third party authorized by you to use your email address, member name, display name, and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at NYTD's sole discretion, and NYTD may refer you to appropriate law enforcement agencies. 7 FEES AND PAYMENTS 7.2 NYTD reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. However, in no event will you be charged for access to the Service unless we obtain your prior agreement to pay such charges. Thus, if at any time NYTD requires a fee for portions of the Service that are now free (e.g., a fee to post a bulletin), NYTD will give you advance notice of such fees and the opportunity to cancel the account before such charges are imposed. All new fees, if any, will be posted on the Home page and in other appropriate locations on the Service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Service by NYTD or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Service through your account. 8 COMMUNICATIONS BETWEEN NYTD AND SUBSCRIBERS 8.2 NYTD, its owners and assigns, reserves the right to allow certain third party vendors to provide you with information about products and services. 8.3 NYTD reserves the right to send email to you for the purpose of updating you on Discussions of which you are a part and informing you of changes or additions to the Service. 8.4 NYTD reserves the right to disclose information about your usage and demographics, provided that it will not reveal your personal identity in connection with the disclosure of such information. For more information please read the Privacy Statement of Abuzz. 9 SOFTWARE LICENSES 9.2 You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access or use the Service, including but not limited to the Service's filtering and routing software ("Access Software"). You may not sublicense, assign, or transfer any licenses granted by NYTD, and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of any downloadable software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Access Software. 10 TERMINATION 10.2 You may terminate your account at any time by sending email to unsubscribe@abuzz.com . Upon termination, you will receive a confirmation via email that the request was received, and your access will be suspended as soon as possible. You are responsible for all charges incurred up to the time the account is deactivated. 10.3 NYTD may, in its sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach or assignment of this Agreement. 11 MISCELLANEOUS 11.2 This Agreement has been made in and shall be construed and enforced in accordance with New York law. Any action to enforce this agreement shall be brought in the federal or state courts located in New York City. 11.3 Notwithstanding any of the foregoing, nothing in this Subscriber Agreement will serve to preempt the promises made in the Privacy Statement of Abuzz. 11.4 Official correspondence must be sent via postal mail to: New York Times Digital Attn: Customer Service 1120 Avenue of the Americas, Sixth Floor New York, NY 10036 11.5 You agree to report any copyright violations of the Subscriber Agreement to NYTD as soon as you become aware of them. In the event that you have a claim of copyright infringement with respect to material that is contained in the Service, please notify: Hilda Cosmo New York Times Digital 1120 Avenue of the Americas New York, NY 10036 212-597-8001 copyrights@nytimes.com Please direct all general questions to support@abuzz.com