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Updated: November 18, 2011

Terms of Service

Description of Service

worldbyme.com is created and operated by WorldbyMe. WorldByMe provides hosted email and social networking designed for teachers and their students. Authorized school officials can monitor content posted within the school environment, on WorldByMe, by their students. Parents can register on the site and have the ability to monitor content posted on WorldByMe by their children. WorldByMe provides schools the hosted, patent pending technology used to administer a closed safer, network for students, teachers and parents to communicate. WorldByMe services include email, web pages, pictures, messages, and other services that may be offered. A school may choose to only use a subset of services offered by WorldByMe.

Acceptance of Terms

By using WorldByMe services you agree to adhere to these terms. WorldByMe reserves the right to modify these terms without notice. If you do not agree to these terms, you cannot use WorldByMe. WorldByMe may, from time to time update these terms without notice. The most recent terms are located at worldbyme.com/terms/service. You should revisit this page periodically to review the terms and conditions. There may also be WorldByMe products and services that have posted rules and regulations. These rules and regulations, when they appear, should be considered to be part of these terms and conditions.

Accounts

WorldByMe provides user accounts. By using our services you agree to our right to change the account structure, services offered, pricing, or any other aspect of the service at any time. Under the Children's Online Privacy Protection Act of 2000, teachers can act on behalf of parents for school sponsored online activities. You have the option to register, with supporting parent or guardian documentation, on the site that provides capability to monitor your child's online activity. To register, have your child visit worldbyme.com/parent/information and follow the instructions there.

WorldByMe Intellectual Property

The content, arrangement and layout of worldbyme.com, including, but not limited to, the trademarks, service marks, package designs, text, art work, graphics, images, buttons, screen shots, music, digitally downloadable files, other content, and the compilation of the foregoing ("Content") are the property of WorldbyMe, except where otherwise noted, and are protected from copying, imitation, communication, or simulation under domestic and international laws and are not to be reproduced, communicated, displayed, distributed, or transmitted without the express written permission of WorldbyMe.

worldbyme.com may also contain references to other company brand and product names. These company brand and product names are used herein for identification purposes only and may be the trademarks of their respective owners. The images of people or places displayed, forms, structures, and graphics displayed or found within worldbyme.com are either the property of WorldbyMe, or used with permission. WorldbyMe may be, but is not necessarily sponsored by or affiliated with any of owners of the other company brand and product name appearing on worldbyme.com, and makes no representations about them, their owners, their products or services. Any unauthorized use of the materials, structure, sequence, arrangement, or design of worldbyme.com, or trademarks, service marks, or trade dress found within the worldbyme.com may violate civil or criminal laws, including, but not limited to, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. By visiting the worldbyme.com you understand and acknowledge that you do not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any materials or information displayed on worldbyme.com. You agree not to display or use any content or third party content located on the worldbyme.com in any publications, in public performances, for any commercial purpose, in any other manner that is likely to cause confusion among consumers, that disparages or discredits WorldbyMe, or its licensors, that dilutes the strength of WorldbyMe, or its licensor's property, or that otherwise infringes WorldbyMe or its licensor's intellectual property rights.

Cancellation

You understand and agree that you have no ownership rights in your worldbyme.com account. WorldByMe may cancel your account and delete all content associated with your account at any time, and without notice, if we deem that you have violated the terms of this agreement, or for any other reason. WorldByMe assumes no liability for any information removed from our site for violating these terms.

You may also cancel your account at any time. This cancellation takes effect as soon as it can be processed. If you wish to cancel your account, send mail to WorldByMe: Customer Support from a worldbyme.com account or support@worldbyme.com outside of worldbyme.com

After a cancellation, WorldByMe will remove all content associated with your account. We reserve the right to permanently restrict access to our products and services to members who have had their accounts cancelled.

Security of WorldByMe Login and Passwords

WorldByMe accounts are protected by username and passwords. You agree to keep your password secure and not to disclose it to anyone. You also agree not to solicit or use another member's account and password. You are solely responsible for any and all use of your account.

House Rules

WorldByMe users agree to not do any of the following:

• Create, upload, transmit or make available in any way any material that harms children in any way.

• Solicit personal information from any member.

• Create, upload, transmit or make available in any way any text, messages, images, or files that are derogatory, defamatory, abusive, threatening, vulgar, obscene, bigoted, hateful, racially offensive, insulting or that violates any person's privacy (including but not limited to posting pictures, full names, email addresses, addresses, or phone numbers).

• Use WorldByMe services to transmit junk mail, chain letters, unsolicited mass email, spam, spim, or comment spam.

• Post information that you know is false, misleading, or that promotes illegal activity.

• Use WorldByMe to promote any products or services (whether for profit or not for profit), or solicit others for commercial products or services of any kind.

• Impersonate any person or misrepresent yourself or your association with any person or group.

• Create, upload, transmit or make available in any way any content that violates any third party's legal rights, or any domestic or international law or regulation.

• Upload, transmit, or make available in any way any content that you do not have the right to transmit under any law, contract, or fiduciary agreement.

• Create, upload, transmit or make available in any way any files, computer codes, or software programs that contain software viruses or any other type of harmful material that is intended to disrupt, destroy, or limit the functionality of computer or network hardware or software products or services.

• Interfere, disrupt, or create an undue burden on any network services provided by WorldByMe.

We reserve the right to remove any material or cancel the account of any person we determine violates any of these terms. We also reserve the right to turn over to law enforcement personnel any content created, uploaded, transmitted, distributed or made available in any way on WorldByMe that we deem may be in violation of these terms or any applicable law. Furthermore, we reserve the right to prosecute fraudulent orders. If you believe that content on worldbyme.com infringes upon your intellectual property rights, please contact our designated agent at support@worldbyme.com or by mail at Copyright Agent, 1015 W. Prince Rd, Ste 131-164, Tucson, Arizona 85705. In your correspondence, you must include your name, the work you believe has been infringed along with any relevant registration numbers, identification of the work on worldbyme.com that you believe infringes your work, your contact information, confirmation that you have a good faith belief that the material you are concerned about was not authorized by the rights owner, confirmation that the information you are submitting to us is accurate and under penalty of perjury you are authorized to act on behalf of the rights holder, and your signature. Our agent information is provided pursuant to the Digital Millennium Copyright Act, 17 U.S.C. ß 512(c)(2). Our designated agent will respond only to these trademark or copyright issues; for general questions please email support@worldbyme.com.

Posted Content

WorldByMe does not claim ownership of content you create, upload, transmit or make available in any way on WorldByMe. By posting content on WorldByMe you grant WorldByMe a non-exclusive, fully-paid, royalty-free worldwide license to copy, use, translate, modify, adapt, store, and reproduce the content for the purposes of displaying, publishing, distributing, and transmitting the content on WorldByMe and affiliated sites. If you remove content from WorldByMe, this license will be terminated. Notwithstanding the foregoing, you understand and acknowledge that worldbyme.com owns the servers on which your content resides, and you own no protectable rights in and to those servers, your user account, or any data WorldByMe stores on its servers. Should your account be terminated, you will not be given back any content you uploaded to worldbyme.com, nor will you be given access to those materials. Furthermore, you agree that you will not post any content that infringes on any copyright, privacy or publicity right, patent, trademark, trade secret, or any other proprietary right of any party. You may not use, copy, transmit, publish, distribute, modify, broadcast, or sell any content published on WorldByMe that was not created by you. You acknowledge that WorldByMe does not pre-screen content but that WorldByMe and its designees have the right (but not the obligation) to remove or refuse to remove any content on WorldByMe. WorldByMe also has the right to remove any content that violates these terms. You agree to that you will be solely responsible for all risks associated with the use of this content, including the accuracy, completeness or useful of this content.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WORLDBYME.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WORLDBYME.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE

Indemnity

You agree to indemnify and hold worldbyme.com and WorldbyMe, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the Terms and Conditions, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.

Disclaimer

THE MATERIALS IN THE WORLDBYME SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY WORLDBYME SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY WORLDBYME SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY WORLDBYME SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from any WorldbyMe site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any WorldbyMe site or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

Contacting Us About These Terms

If you have any questions about these terms, or wish to report violators of these terms, send mail to WorldByMe: Customer Support from a worldbyme.com account or support@worldbyme.com outside of worldbyme.com.