Agreement with Terms and Conditions: This agreement ("Agreement") sets forth the terms and conditions that apply to you ("Visitor"), an individual accessing the family of websites ("FEN Sites") of Family Education Network, part of Pearson. By accessing the FEN Sites, you agree to the following terms and conditions and the Privacy Statement. If you do not agree, you have no right or license to access any part of the FEN Sites and you should not do so.

Please note that certain services and programs offered by Family Education Network may have additional terms and conditions. Please check the specific service/program link(s) below to find these additional terms and conditions:

MyGradeBook
QuizLab
TeacherVision
Poptropica

Changes in Terms and Conditions:
Family Education Network has the right to change or discontinue any aspect or feature of any FEN Site, including, but not limited to, content, hours of availability, and equipment needed for access or use, at any time. Family Education Network has the right to change or modify the terms and conditions applicable to Visitor's use of any FEN Site, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the FEN Sites, or by electronic or conventional mail, or by any other means by which Visitor obtains notice thereof. Any use of the FEN Sites by Visitor subsequent to such notice shall be deemed to constitute acceptance by Visitor of such changes, modifications or additions.

Conduct of Visitor:

Lawful Use:
Visitor shall use the FEN Sites for lawful purposes only. Visitor shall not post or transmit through any FEN Site any material which: (i) violates or infringes in any way upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law; or (iv) contains advertising or any solicitation with respect to products or services, unless Family Education Network has expressly approved such material in advance of its transmission. Any conduct by a Visitor that in Family Education Network's discretion restricts or inhibits any other Visitor from using or enjoying any FEN Site is expressly prohibited.

Downloading of Intellectual Property:
The FEN Sites contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, and sound, portions of which are owned by Family Education Network and portions of which are owned by other parties and licensed to Family Education Network. The entire contents of the FEN Sites are copyrighted as a collective work/compilation. Family Education Network owns copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. No Visitor may modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Visitor may download one (1) single copy of the copyrighted material for Visitor's personal, non-commercial use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Family Education Network (or the copyright owner(s) if other than or in addition to Family Education Network). In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, copyright or other proprietary notice shall be made. Visitor acknowledges that he/she does not acquire any ownership rights by downloading copyrighted material.

Uploading of Intellectual Property:
Visitor shall not upload, post or otherwise make available on any FEN Site any material protected by copyright, trademark, or other proprietary right, without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any material is not protected by copyright rests with Visitor. Visitor shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of any FEN Site, Visitor automatically grants, or warrants that the owner of such material has expressly granted, Family Education Network the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Visitor also permits any other Visitor to access, view, store or reproduce the material for that Visitor's personal use. Visitor hereby grants Family Education Network the right to edit, copy, publish and distribute any material made available on any FEN Site by Visitor.

Trademarks:
Unless otherwise indicated, trademarks that appear on this site are trademarks of Family Education Network or its affiliates. All other trademarks not owned by The Family Education Network Inc. or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Family Education Network or its affiliates.

Postings:

No Responsibility or Liability:
To the extent that portions of the FEN Sites (such as "chat rooms" or "bulletin boards") provide users an opportunity to post and exchange information, ideas and opinions ("Postings"), BE ADVISED THAT FAMILY EDUCATION NETWORK DOES NOT SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON ANY FEN SITE, and Postings do not necessarily reflect the views of Family Education Network. To the fullest extent permitted by applicable laws, Family Education Network shall in no event have any responsibility or liability for the Postings or for any claims, damages, or losses resulting from their use and/or appearance on any FEN Site.

Monitoring:
Family Education Network reserves the right to monitor all Postings and to remove any which it considers in its absolute discretion to be offensive or otherwise in breach of these terms and conditions.

Warrant that You Have All Necessary Rights:
You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all material they contain; that your Postings shall not infringe any proprietary or other rights of third parties; that your Postings shall not contain any viruses or other contaminating or destructive devices or features; that your Postings shall not contain any defamatory, indecent, offensive, tortious, or otherwise unlawful material or content; and that your Postings shall not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations.

Authorize Others to Use:
You hereby authorize Family Education Network to use and/or authorize others to use all or part of your Postings in any manner, format, or medium that Family Education Network or such other parties see fit. You shall have no claim or other recourse against Family Education Network for infringement of any proprietary right in Postings.

Disclaimers and Limitation of Liability:

Use Is At Visitor's Risk:
VISITOR EXPRESSLY AGREES THAT USE OF THE FEN SITES IS AT VISITOR'S OWN RISK. VISITOR SHALL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF VISITOR'S PASSWORD(S), IF ANY. NEITHER FAMILY EDUCATION NETWORK, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, WARRANT THAT THE FEN SITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY FEN SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH ANY FEN SITE. PRICE INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION, OPINIONS AND OTHER MATERIAL ON THE FEN SITES OR ANY SITES WITH WHICH IT IS LINKED. FAMILY EDUCATION NETWORK PROVIDES TECHNOLOGY AUTOMATICALLY PRODUCING SEARCH RESULTS THAT LINK AND/OR REFERENCE SITES AND INFORMATION LOCATED WORLDWIDE THROUGHOUT THE INTERNET. BECAUSE WE HAVE NO CONTROL OVER SUCH SITES AND INFORMATION, FAMILY EDUCATION NETWORK MAKES NO GUARANTEE AS TO SUCH SITES AND INFORMATION, INCLUDING THE ACCURACY, CURRENCY, CONTENT OR QUALITY OF ANY SUCH SITES AND INFORMATION AND FAMILY EDUCATION NETWORK ASSUMES NO RESPONSIBILITY AS TO WHETHER THE SEARCH LOCATES UNINTENDED OR OBJECTIONABLE CONTENT. FURTHERMORE, BECAUSE SOME CONTENT ON THE INTERNET CONSISTS OF MATERIAL THAT IS ADULT-ORIENTED OR OTHERWISE OBJECTIONABLE TO SOME PEOPLE, THE RESULTS OF YOUR SEARCH ON OUR SITES MAY AUTOMATICALLY AND UNINTENTIONALLY GENERATE LINKS OR REFERENCES TO OBJECTIONABLE MATERIAL. WE MAKE NO CLAIM THAT SUCH SURPRISES MIGHT NOT OCCUR.

No Warranties of Service:
THE FEN SITES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

Disclaimer of Liability:
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. VISITOR SPECIFICALLY ACKNOWLEDGES THAT FAMILY EDUCATION NETWORK AND ITS LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER VISITORS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH VISITOR.

Visitor's Waiver of Damages:
IN NO EVENT WILL FAMILY EDUCATION NETWORK, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY PART OF THE FEN SITES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE ANY PART OF THE FEN SITES. VISITOR HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON ALL FEN SITES.

IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER FAMILY EDUCATION NETWORK, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN ANY FEN SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE VISITOR, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

Indemnification:
Visitor agrees to defend, indemnify and hold harmless Family Education Network, its affiliates and their respective directors, officers, shareholders, employees, agents, and assigns from and against all claims and expenses, including attorneys' fees, arising out of Visitor's use of any FEN Site.

Email Newsletters:
Please be advised that our email newsletters ("Newsletters") are part of a wide distribution, and that neither Family Education Network nor any third party involved is monitoring, reviewing or screening the recipient email list prior to its distribution. The Newsletters are distributed only to those who have expressly opted-in to receive them. If local, state or federal rules or regulations prohibit the recipient from receiving these types of Newsletters or the recipient simply does not wish to receive same in the future or the Newsletter was sent to recipient in error, the recipient should immediately opt-out from receiving similar future offers and/or newsletters by visiting the FEN Newsletter Center and updating his or her subscription. The recipient can always opt back in to receive future offers and/or newsletters at any time by going to the Newsletter Center. To review and modify the categories of offers and/or newsletters for opted-in, please go to http://newsletters.fen.com.

Equipment for Visitor's Use:
Visitor shall be responsible for obtaining and maintaining all telephones, computer hardware, and other equipment needed for access to and use of the FEN Sites and for any/all charges related thereto.

FEN Sites' Content:
Certain content portions of the FEN Sites are supplied by third parties. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective author(s) or distributor(s) and not of Family Education Network. Neither Family Education Network nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. Family Education Network neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on any FEN Site by anyone other than employee spokespersons of Family Education Network while acting in their official capacities.

Submissions:
Family Education Network always welcomes suggestions and comments regarding any FEN Sites. Any comments or suggestions submitted to FEN Sites or Family Education Network, either online or offline, will become Family Education Network's property upon their submission. This policy is intended to avoid the possibility of future misunderstandings when projects developed by Family Education Network might seem to others to be similar to their own submissions or comments.

Entire Agreement:
This Agreement, and any operating rules for the FEN Sites established by Family Education Network, constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.

Controlling Law:
This Agreement shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. Any cause of action of any nature arising out this Agreement shall be brought in the City and County of New York.

Headings:
The section headings used herein are for convenience only and shall not be given any legal import whatsoever.

Digital Millennium Copyright Act Compliance:
If you have copyright concerns about any materials posted on this site by others, please let us know. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512). If you have any complaints or objections to material posted on this site, please contact our Designated Agent ("Notice"):

Designated Agent
Family Education Network, Inc.
501 Boylston St, Suite 900
Boston, MA 02116
email: designated.agent@fen.com

To be effective, the Notice must include the following:

• A physical or electronic signature of the owner or a person authorized to act on behalf of the owner ("Complaining Party") of an exclusive right that is allegedly infringed;
  
  
• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single FEN Site are covered by a single notification, a representative list of such works at that site;
  
  
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Family Education Network to locate the material;
  
  
• Information reasonably sufficient to permit Family Education Network to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the Complaining Party may be contacted;
  
  
• A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  
  
• A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

MySchoolOnline Add-ons

MySchoolOnline Terms and Conditions (Revised February, 2004)
IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE BE SURE TO READ THESE TERMS OF USE WITH YOUR PARENTS OR GUARDIAN AND ASK QUESTIONS ABOUT THINGS YOU DO NOT UNDERSTAND.

BY REGISTERING FOR THE MYSCHOOLONLINE SERVICE OR BY SIMPLY USING OR DOWNLOADING/UPLOADING INFORMATION FROM AND TO THIS SITE (IN THE CASE OF A TEAM MEMBER), YOU REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THE TERMS OF USE AND PRIVACY STATEMENT SPECIFICALLY RELATING TO THIS SITE AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE (INCLUDING ANY PART OF THE PRIVACY STATEMENT), YOU SHOULD NOT USE THIS SITE AND, IF YOU ARE A TEAM MEMBER AND HAVE BEEN GIVEN A USER IDENTIFICATION AND PASSWORD TO ACCESS THIS SITE, YOU SHOULD INFORM THE SITE PUBLISHER OR SYSTEM ADMINISTRATOR OF YOUR DECISION AND RETURN THE USER IDENTIFICATION AND PASSWORD TO THE SITE PUBLISHER OR SYSTEM ADMINISTRATOR. BY REGISTERING FOR THE MYSCHOOLONLINE SERVICE OR BY SIMPLY USING OR DOWNLOADING/UPLOADING INFORMATION FROM AND TO THIS SITE, YOU AGREE TO USE OUR SERVICES IN A MANNER CONSISTENT WITH ALL APPLICABLE LAWS AND REGULATIONS AND IN ACCORDANCE WITH THESE TERMS OF USE. YOU ALSO AGREE TO RECEIVE FROM FAMILY EDUCATION NETWORKPERIODIC E-MAILS CONTAINING ADVICE AND TIPS REGARDING EFFECTIVE USE OF THE SITE AND ITS FEATURES, ALONE AND WITH OTHER FAMILY EDUCATION NETWORK SITES AND SERVICE, AND ANNOUNCING ENHANCEMENTS AND IMPROVEMENTS TO THE SITE.

Definitions:

"Affiliation" shall mean the relationship between two or more Sites including, but not limited to, class and school Sites, school and district Sites, class and district Sites.

"Content" shall mean any content you provide to FEN in connection with the MySchoolOnline Service including, but not limited to, images, text, graphics, photographs, links, animation, audio works, and audiovisual works.

"FEN" shall mean Family Education Network, and any successors and assigns.

"FEN General Terms of Use" shall mean the general terms of use (located at http://fen.com/resources/agreeDisclaim.html) governing the activities and conduct of all users of FEN sites, unless otherwise noted.

"MySchoolOnline Service" shall mean the service described in Section II of these Terms of Use.

"Privacy Statement" shall mean the privacy policy (located at http://fen.com/resources/privacyStatement.html) governing the collection and use of all personally identifiable information collected on any FEN site, unless otherwise noted.

"Site" shall mean the Web pages and associated Content created and published by the User through the MySchoolOnline Service.

"Team" shall mean any person or persons that the User allows to use the MySchoolOnline Service by assigning a username and password, including, but not limited to, system administrators, site publishers, folder editors and page authors.

"User" shall mean you and any person or persons that you authorize to use the MySchoolOnline service via your username and password.

"WebCreate" shall mean the web-building tools and account management system provided by the MySchoolOnline Service.

Summary of Terms of Use:

1. You agree to provide true, correct and complete information about yourself and the Team in the Registration forms and in the Your Account and User Account sections of WebCreate.
2. You agree not to use the MySchoolOnline Service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, tortious, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another.
3. You agree not to use the MySchoolOnline Service for the transmission of "junk mail", "spam", "chain letters", or unsolicited mass distribution of email.
4. You agree that FEN may in its sole discretion terminate your account if it believes that you have in any way violated these Terms of Use.
5. Please report any violations of these Terms of Use to FEN support.

I. ACKNOWLEDGMENT OF TERMS OF USE

These Terms of Use comprise the entire agreement between User and FEN and supersede any prior agreements pertaining to the subject matter contained herein.

II. DESCRIPTION OF THE MYSCHOOLONLINE SERVICE AND USER LICENSE

FEN provides User with the capability to create and publish original content on a Site via the World Wide Web located on the MySchoolOnline.com domain using proprietary software tools produced by (or licensed to) FEN. FEN allows the User to establish different levels of publishing roles and assign usernames and passwords to other individuals (the "Team") so that they may use the MySchoolOnline Service. FEN charges an annual subscription fee for use of the service.

User must: (a) provide for User's own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for User to make such connection to the World Wide Web, including a computer and modem.

User is granted, subject to these Terms of Use and for a stated term, a personal, non-exclusive, non-assignable, and non-transferable license to access and use the MySchoolOnline Services and this site for personal and non-commercial use only. Modifications of any materials on this site or use of the materials for any purpose other than as contemplated in these Terms of Use is a violation of FEN's copyright and proprietary rights. User agrees not to reverse engineer, duplicate, publish, modify, or otherwise distribute the materials on this site unless specifically authorized in writing by FEN to do so.

III. USER'S OBLIGATIONS REGARDING THE SITE AND THE TEAM

User is solely responsible for the Site and all Content contained on, or made available through, or linked from the Site. The User has complete control over the Team's publishing rights and use of the MySchoolOnline Service and is responsible for all publishing activity conducted by the Team and the Team's use of the MySchoolOnline Service. User bears all risk related to the accuracy, completeness, reliability, usefulness, and legality (including obtaining all required intellectual property rights) of the Site and Content. FEN reserves the right, but does not assume any obligation, to screen the Site and associated Content, including, without limitation, the right to edit, refuse to post, or remove any Site or Content in the event that FEN determines in its sole discretion that the Site or any Content or any activity by User violates these Terms of Use, any law or regulation, the rights of any third party, the Copyright Act, or for any other reason in FEN's sole and absolute discretion.

IV. USER'S REGISTRATION AND ACCOUNT OBLIGATIONS

In consideration of use of the MySchoolOnline Service, User agrees to: (a) provide true, accurate, current and complete information about User during the Registration process, and (b) to maintain and update this information to keep it true, accurate, current and complete through the Your Account and User Account sections of WebCreate. This information about a User shall be referred to as "Registration Data." If any information provided by User is untrue, inaccurate, not current or incomplete, FEN has the right to terminate User's account and refuse any and all current or future use of the MySchoolOnline Service.

Any User registering for Class WebCreate, PTA WebCreate or Community WebCreate agrees that such User will not use his/her/its account or Site for purposes of creating a school or district website (only schools and districts are permitted to use School WebCreate). Further, any User registering for PTA WebCreate acknowledges that (a) such User is authorized to create and publish a website for User's PTA, and (b) such User's PTA is in good standing with the National PTA and with their State PTA. School and district accounts must register using School WebCreate only. Any User registering for School WebCreate acknowledges that User is authorized to create and publish a website for User's school or district. FEN reserves the right to verify any registrations in an attempt to eliminate the unauthorized use of Class, PTA, Community or School WebCreate.

User agrees to pay for the MySchoolOnline Service on time and in full. User agrees that any credit card, check or billing information provided corresponds to an account that User is authorized to use. User acknowledges and agrees that FEN is permitted to charge or bill such account in order to collect payment.

Cancellation. All new subscriptions to the MySchoolOnline Service come with a 60 day money back guarantee. If you are not satisfied for any reason, please let us know via email or regular mail (please see below for our contact information) no later than the 60th day of your subscription and we will refund your full subscription fee - we must receive your request on or before the 60th day. If you decide to cancel after the 60th day of your new subscription but before the sixth month anniversary, then we will refund your prorated subscription fee (calculated by dividing the days of active subscription from the date of registration to cancellation, by the total number of days the subscription would have been effective had it not been for the cancellation (i.e., 365 if it's a one year subscription), and multiplying the result with the amount of the subscription fee actually paid by Member). There will be no refund of any amount: (i) if the new subscription is cancelled after the sixth month anniversary date, or (ii) for any renewed subscription fee regardless of when it is cancelled.

V. AFFILIATIONS

User may in its sole discretion affiliate the Site with one or more other sites or organizations, including, but not limited to, teacher, class, school, and district sites that are members of the MySchoolOnline Service, or with a school or district that is not a member of the MySchoolOnline Service. Such Affiliation may be made for the purposes of assisting visitors in finding the Site on MySchoolOnline.com or linking to or navigating between the affiliated sites. Any express or implied Affiliation between a teacher or class and a school or a district is solely based upon information provided by the User. Any express or implied Affiliation between a teacher or class and a school or district does not necessarily mean that the school or district is endorsing or sponsoring such class or teacher site, or vice versa.

VI. USE OF REGISTRATION DATA

FEN will not disclose Registration Data to third parties. Please see the Privacy Statement.

VII. MODIFICATIONS TO TERMS OF USE

These Terms of Use may be revised from time to time through an updated posting, and therefore you should check these Terms of Use periodically. Revisions are effective upon posting and your continued use of the MySchoolOnline Service following the posting of a revision will indicate your acceptance of such revision.

VIII. MODIFICATIONS TO SERVICE

FEN reserves the right to modify or discontinue, temporarily or permanently, the MySchoolOnline Service with or without notice to User. User agrees that FEN shall not be liable to User or any third-party for any modification or discontinuance of the MySchoolOnline Service. FEN reserves the right to change the price and/or the term of the subscription fee at any time with or without notice.

IX. NO ENDORSEMENT

User acknowledges and agrees that FEN does not endorse any Content on any Site and is not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortious, or otherwise objectionable Content, or Content that infringes or may infringe the intellectual property or other rights of any party.

X. MEMBER ACCOUNT, PASSWORD AND SECURITY

User is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities which occur under User's password or account or under passwords or accounts assigned by User to the Team. User agrees to immediately notify FEN of any unauthorized use of User's password or account or any other breach of security.

XI. MEMBER CONDUCT

User agrees to abide by all applicable local, state, national, and international laws and regulations in User's use of the MySchoolOnline Service, and agrees not to interfere with the use and enjoyment of the MySchoolOnline Service by other Users. User agrees to be solely responsible for the contents of User's transmissions through the MySchoolOnline Service.

User agrees (a) not to use the MySchoolOnline Service for illegal purposes; (b) not to interfere with or disrupt the MySchoolOnline Service or servers or networks connected to the MySchoolOnline Service; and (c) to comply with all requirements, procedures, policies and regulations of networks connected to the MySchoolOnline Service.

User agrees not to transmit through the MySchoolOnline Service any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind. User agrees not to transmit any material that violates the rights of another, including but not limited to the intellectual property rights of another. User agrees not to transmit any material that violates any applicable local, state, national, or international law or regulation. User agrees not to attempt to gain unauthorized access to other computer systems or networks connected to the MySchoolOnline Service.

XII. INDEMNITY

User agrees to indemnify and hold FEN and its parent, subsidiaries, affiliates, officers, and employees, harmless from any and all claim or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of User's use of the MySchoolOnline Service, User's connection to the MySchoolOnline Service, User's violation of these Terms of Use, or User's violation of any rights of another.

XIII. NO RESALE OF SERVICE

User agrees not to resell the MySchoolOnline Service or use of or access to the MySchoolOnline Service.

XIV. CONTENT STORAGE

FEN assumes no responsibility for the deletion or failure to store Content information. FEN may, with or without notice to User, establish an upper limit on the size of the Content data it will maintain for any User.

XV. TERMINATION

User agrees that FEN may terminate User's password, account or use of the MySchoolOnline Service, or use of the MySchoolOnline Service for any member of a Team, if FEN believes (a) that User or a member of the Team has violated or acted inconsistently with the letter or spirit of these Terms of Use, or (b) that User or a member of the Team has violated the rights of FEN or other Users or parties.

User further agrees that FEN may terminate User's password, account or use of the MySchoolOnline Service if User fails to pay the annual fee by the due date.

User acknowledges and agrees that any termination of service under any provision of these Terms of Use may be effected without prior notice, and acknowledges and agrees that FEN may immediately delete files in User's account and bar any further access to such files or the MySchoolOnline Service.

XVI. FEN'S PROPRIETARY RIGHTS

User acknowledges and agrees that content presented to User through the MySchoolOnline Service is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. User acknowledges and agrees that User is permitted to use this material and information only as expressly authorized by FEN and may not create derivative works of such content or information without express authorization of FEN.

FEN always welcomes suggestions and comments regarding this site from Users. Any comments or suggestions submitted to this site or FEN, either online or offline, will become FEN's property upon their submission. This policy is intended to avoid the possibility of future misunderstandings when projects developed by FEN might seem to others to be similar to their own submissions or comments.

XVII. DISCLAIMER OF WARRANTIES

USER EXPRESSLY AGREES THAT USE OF THE MYSCHOOLONLINE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

FEN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

FEN MAKES NO WARRANTY THAT THE MYSCHOOLONLINE SERVICE WILL MEET USER'S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES FEN MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE MYSCHOOLONLINE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.

USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE SERVICE IS DONE AT USER'S OWN DISCRETION 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 DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM FEN OR THROUGH OR FROM THE MYSCHOOLONLINE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

XVIII. LIMITATION OF LIABILITY

USER AGREES THAT FEN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, RESULTING FROM THE USE OR THE INABILITY TO USE THE MYSCHOOLONLINE SERVICE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE MYSCHOOLONLINE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, EVEN IF FEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

USER FURTHER AGREES THAT FEN SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.

XIX. NOTICE

Any notice to User or to the MySchoolOnline Service shall be made via either email or regular mail (see below for FEN's contact information).

XX. GENERAL

These Terms of Use and the relationship between User and FEN shall be governed by the laws of the State of New York without regard to its conflict of law provisions. User and FEN agree to submit to the personal and exclusive jurisdiction of the courts located within the County of New York, State of New York.

The failure of FEN to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.

User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the MySchoolOnline Service or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

XXI. FEN

If you have any questions or need to report a violation of these Terms of Use: Our telephone number is (800) 498-3264. Our email address is customercare@fen.com. You may also use the "Contact Us" link to send us an email message. Our mailing address is Family Education Network, 501 Boylston St, Suite 900, Boston, MA 02116, Attention: MySchoolOnline.