Terms Of Use

1. Services and Conditions of Use
Welcome to Sportswire.com's online service (the "Service")! As part of our service, Sportswire.com Corporation ("Sportswire.com") agrees to provide you with information libraries, e-mail service, bulletin boards, games and other computer services that Sportswire.com may decide to offer, subject to the terms of this Agreement. Upon notice published through the Service, Sportswire.com may modify this Agreement at any time. You agree and continue to agree to use Sportswire.com Services in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines outlined below. Please note that you will be referred to as "Customer" from time to time in this Agreement.

2. Rules For Online Conduct for Sportswire.com Chatrooms And Bulletin Boards
By using the Service, you agree that you will not post any of the following material in Service chatrooms, bulletin boards, or other forums ("postings"):

Material which defames, abuses or threatens others.

Statements that are bigoted, hateful or racially offensive.

Material that advocates illegal activity or discusses illegal activities with the intent to commit them.

Unauthorized copyrighted material.

Material that contains vulgar, obscene or indecent language or images.

Advertising or any form of commercial solicitation.

Material that does not pertain to the room or bulletin board's given topic.

Statements or postings which violate the above terms will be deleted from postings upon discovery. Depending on the nature of the violation, Sportswire.com at its sole discretion may terminate Customer's account.

3. Price And Payment
Customer agrees to pay all charges to Customer's account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. Sportswire.com reserves the right to change the amount of, or basis for determining, any fees or charges for the Service, and to institute new fees or charges effective upon prior notice to Customers. Customer must provide Sportswire.com with valid credit card information.

Please Note: Sportswire.com will automatically renew and charge Customer's account as follows:

* Every Month for Monthly Subscriptions

* Upon every one(1) year anniversary for Annual Subscriptions

* Upon every six (6) Months for six (6) Month Subscriptions

The renewal charge shall be equal to the original customer signup price, unless otherwise notified in advance by Sportswire.com. Customer will have forty-five (45) days after the date that any renewal fee is posted to Customer's charge account to notify Sportswire.com that he or she wishes to cancel his or her subscription. Sportswire.com will cancel Customer's account upon receipt of such notification and post a credit to Customer's charge account equal to the latest renewal fee charged.

Customer's right to use the Service is subject to any limits established by Sportswire.com or by Customer's credit card issuer. If payment cannot be charged to Customer's credit card or Customer's charge is returned to Sportswire.com for any reason, including chargeback, Sportswire.com reserves the right to either suspend or terminate Customer's access and account, thereby terminating this Agreement and all obligations of Sportswire.com hereunder.

Sportswire.com agrees that it will terminate Customer's account upon notice from Customer. If cancellation is received within the first 30 days of Customer signing up for a service, Customer will be refunded all subscription fees for that service, but Customer will still be obligated to pay any other charges incurred. If Customer cancels a service after 30 days of signing up for a service, no refund for unused time on such service will be made. If Customer has a balance due on any Sportswire.com account, Customer agrees that Sportswire.com can charge these unpaid fees to their credit card.

Sportswire.com reserves the right to establish a credit limit (the "Ceiling") for each Customer. If a Customer's account reaches the ceiling at any time, Customer agrees that Sportswire.com may immediately bill their credit card for all unpaid charges on account. Until further notice, the ceiling for each Customer shall be $100.

If Customer has reason to believe that Customer's account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of Customer's ID, password, or any credit, debit or charge card number stored on the Service), Customer must promptly change Customer's password and notify Sportswire.com of the problem (by notice given as described in Section 9 below) to avoid possible liability for any unauthorized charges to Customer's account.

4. Non-Transferability of Membership
Sportswire.com grants to Customer a personal, non-exclusive, non-assignable and non-transferable license to use and display the Sportswire.com software ("Software") on any machine(s) of which Customer is the primary User. Unauthorized copying of the Software or duplication of the software in any manner, including software that has been modified, merged or included with the Software, or the written materials associated therewith is expressly forbidden. Customer acknowledges that Customer may not sublicense, transfer, sell or assign this license or the Software. Any attempt to sublicense, transfer, sell or assign the license is void.

5. Software Libraries and Copyrighted Materials
Only public domain software or graphics files or files where the owner has given express permission for online distribution may be posted to bulletin boards on the Service. The posting of any other type of file and the posting of links to any other type of file is strictly forbidden. The following types of files are examples of strictly forbidden postings:

Unauthorized copies of copyrighted photographs, drawings, graphics, text or other writings, computer programs or other software, recordings or designs; files containing advertisements or solicitations aimed at persuading other members to use certain goods or services;. material of a sexually explicitly nature, including photographs and text.

Copyrighted material, including without limitation text, photographs, sound, video and music, may not be placed on the Service without the express permission of the author or owner of the copyright on the material. Customer acknowledges that only the owner or someone authorized by the owner to post the material may do so. The downloading of copyrighted material is allowed by Customers only for Customers' own use. Customers may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any copyrighted material. The burden of determining that any information, software or any other content on the Service is not protected by copyright rests with the Customer. Customer acknowledges that Sportswire.com and/or third-party content providers remain the owners of the posted materials, and that Customer does not acquire any of those ownership rights by downloading copyrighted materials.

6. Sportswire.com Mail
Sportswire.com Mail is a part of Sportswire.com's service designed for private communication between Customers. Sportswire.com will not monitor this communication, but reserves the right to take action against any Customer who is defaming, harassing or otherwise offending another Customer through e-mail, if it comes to Sportswire.com's attention that this type of abuse is occurring, as is more fully set forth in Section 2 containing the Rules for Online Conduct.

7. Limitation Of Liability And Warranty
CUSTOMER AGREES THAT USE OF THE SERVICE IS ENTIRELY AT CUSTOMER'S OWN RISK. Sportswire.com'S SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION THE Sportswire.com SOFTWARE LICENSED TO THE CUSTOMER AND THE RESULTS OBTAINED THROUGH THE SERVICE. SPECIFICALLY, Sportswire.com DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

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. CUSTOMER SPECIFICALLY ACKNOWLEDGES THAT Sportswire.com IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CUSTOMER.

NEITHER Sportswire.com NOR ANY OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE.

8. Trademarks
Sportswire.com, the Sportswire.com logo are trademarks of Sportswire.com. All other trademarks appearing on the Service are trademarks of their respective owners.

9. Notice
Sportswire.com may give notice to Customers by means of a general notice on the Service, electronic mail to Customer's e-mail address on record in Sportswire.com's account information, or by written communication sent by first class mail to a Customer's address on record in Sportswire.com's account information. You may give notice to Sportswire.com (such notice shall be deemed given when received by Sportswire.com at any time by any of the following:

electronic mail to custsvc@Sportswire.com
letter telecopied to Sportswire.com at the following fax number: (800) 729-5000
letter delivered by first class postage prepaid mail or courier to Sportswire.com at the following address:

Sportswire.com

10. Indemnification
Customer agrees to indemnify and hold Sportswire.com harmless from any dispute which may arise from a breach of terms of this Agreement. Customer agrees to hold Sportswire.com harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to Customer's violation of this Agreement, including the Rules of Conduct or any information, software or other content placed on the Service by Customer.

11. Termination Of Service
User may terminate this Agreement and User's right to use the Service by selecting the applicable cancellation button on the service. Sportswire.com may terminate your account or access rights to this Service at any time, without notice, for conduct that Sportswire.com believes violates this Agreement or other policies or guidelines that Sportswire.com has posted on a Sportswire.com service. Sportswire.com may terminate your account or access rights to this Service for online conduct that Sportswire.com believes is harmful to other Customers, to Sportswire.com's business, or to other information providers.

12. Choice Of Law
This Agreement shall be construed and controlled by the laws of the State of California. Further, any dispute arising from the terms of this agreement or a breach of this Agreement will be governed by the laws of the State of California. Customer agrees to personal jurisdiction by the state and federal courts sitting in the State of California.

13. Merger Clause
This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between Sportswire.com representatives and Customer. Sportswire.com may amend or modify this Agreement or impose new conditions at any time upon notice from Sportswire.com to Customer as published through the Service. Any use of the Service by Customer after such notice shall be deemed to constitute acceptance by Customer of such amendments, modifications or new conditions.

14. Associated Press Notice
Associated Press text, photos, graphics, audio and/or video materials shall not directly or indirectly be published, rewritten for broadcast or publication or redistributed in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. Subscriber does not hold the AP liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damage arising from any of the foregoing.