New Groups

Group Agreement

This Agreement is made between Blethen Maine Newspapers Inc. ("Provider") and the group named in the online signup form (the "Group"), as of the date the signup form is received by Provider.

RECITALS

Provider, in conjunction with KOZ Inc. ("KOZ"), provides community publishing services (the "Service") that allow non-profit/educational/charitable/recreational/civic/governmental groups and organizations and their authorized members ("Members") to publish appropriate information ("Content") on sites provided by Provider on the World Wide Web.

Group is a non-profit/educational/charitable/recreational/civic/governmental entity or group and wishes to have Provider create a site (the "Group Site") on which Group and its Members will be allowed to publish Content.

AGREEMENT

1. Provider agrees to create the Group Site and to provide Group and its Members access to the Service, subject to the limitations set forth in this Agreement and the Member Agreement to be accepted by Members upon joining the Service and prior to publishing Content.

2. Group agrees that the Service shall be used only in accordance with terms and conditions of this Agreement and other rules, regulations and standards of conduct promulgated by Provider and KOZ from time to time. Group agrees to use the Service for lawful purposes only. Group agrees to select one or more persons (each a "Group Administrator") who may establish additional registration requirements, rules, regulations and standards of conduct for Members of the Group consistent with the terms and conditions of the Member Agreement. Group shall have the right, in its sole discretion, to prohibit a Member's use of the Service within the Group Site or to edit or delete any Content appearing on such Group Site, regardless of whether it violates applicable standards for content, for any reason. Group shall cause Group Administrator(s) to sign any agreements required by Provider with respect to such group administration. Group initially designates in the signup form a Group administrator(s) for the Group. The Group Administrator shall be the point of contact between Group and Provider.

3. Group agrees not to publish, or permit publication, on the Group Site any Content that violates, plagiarizes or infringes upon the rights of any others, including copyright, trademark, the right of privacy or the right of publicity, or that would be, abusive, profane, obscene, indecent, threatening, defaming, slanderous, libelous, offensive to an average person, or otherwise illegal. Group agrees not to solicit the performance of any activity that is prohibited by law. Group agrees to comply with all applicable laws, rules and regulations in connection with this Agreement. Group agrees to take all reasonable efforts to ensure that the parent or legal guardian of any person under the age of eighteen(18) wishing to become a Member of the Group has signed a Member Agreement on behalf of such prospective Member.

4. Group is authorized hereunder to create "sub-group sites" within each Group Site for groups that are directly related to, and under the control of, Group and located within the State of Maine. Group shall be fully responsible for all acts and omissions of sub-groups created by it, and of the sub-group administrators, to the same extent as though group had provided such sub-group's site directly. In the event a non-related entity or a related entity outside Provider's geographic market desires to have a sub-group or Group Site created through the Service, Group may notify Provider and provide pertinent contact information. For purposes of this Agrement, the terms "Group" and "Group Site" shall include sug-groups and the term "Content" shall include content published on a sub-group site.

5. Provider may modify this Agreement at any time, and may terminate Group's use of the Service or otherwise revise any or all other aspects of the Service in its sole discretion and without prior notice. Group shall be notified of any modification or termination of Group's use of the Service in writing by e-mail or otherwise. In the case of modifications to this Agreement, Group shall be required to execute a revised and amended agreement as a prerequisite to continued use of the Service. Notification of any revisions to the Service may be posted on Provider's Web site, on the Group Site, provided at log-on, or sent via e-mail or postal mail. In any event, if the terms of this Agreement or future changes are unacceptable to Group, or cause Group to no longer be in compliance with this Agreement, Group may terminate this Agreement by sending e-mail to ablakes@portland.com. Any acknowledgment of an e-mail or other communication that is in any way inconsistent with, or adds to, the provisions of this Group Agreement is null and void. Neither the course of conduct between the parties nor trade practice shall act to modify the provisions of this Group Agreement.

6. Group agrees to indemnify and hold Provider and KOZ and their directors, representatives, affiliates, officers, agents, employees, suppliers, and service providers harmless from any claims, liability, demand, suit, loss, damage and expenses, including reasonable attorneys' fees, whether in tort or in contract, that it or any of them may incur by reason of or arising out of any claim (including without limitation claims for copyright or trademark infringement, defamation, invasion of privacy, or infringement of rights of publicity or claims that material is obscene, offensive or otherwise illegal) resulting from, arising out of or otherwise relating to (a) Group's breach of the Agreement or (b) any Content published on a Group Site.

7. GROUP EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT GROUP'S SOLE RISK. NONE OF PROVIDER, KOZ OR ANY OF THEIR INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES PROVIDER, KOZ NOR ANY OF THEIR INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS DISTRIBUTED 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 OR OTHERWISE OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER PROVIDER, KOZ NOR ANY OF THEIR INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF (A) DAMAGES RESULTING FROM ANY ACCESSING, ALTERING, OR DESTROYING OF DATA; (B) DAMAGES FROM THE INACCURACY OF THE SOFTWARE EITHER NOW OR IN THE FUTURE; (C) DAMAGES FROM LOSS OF BUSINESS, PROFITS OR BUSINESS OPPORTUNITIES; (D) DAMAGES FROM THE INTRODUCTION OF COMPUTER VIRUSES; OR (E) LOSSES FROM INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE INTERNET, PRIVATE INTRANET, OR OF THIRD PARTY TELECOMMUNICATION SERVICES. GROUP EXPRESSLY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL ALSO APPLY TO ALL CONTENT AVAILABLE ON OR THROUGH THE GROUP SITES. GROUP ACKNOWLEDGES AND UNDERSTANDS THAT THERE MAY BE DOWNTIME (INTERRUPTION OR FAILED INITIATION OF SERVICES CAUSED BY THE OPERATIONAL FAILURE OF A COMPUTER, OR OF A SYSTEM TRANSMITTING OR RECEIVING INFORMATION FROM A COMPUTER) OF KOZ COMPUTERS, OR LOSSES FROM INTERRUPTION, TERMINATION, OR FAILED OPERATION OF THE INTERNET, PRIVATE INTRANET, OR OF THIRD PARTY TELECOMMUNICATION SERVICES.

8. Group irrevocably gives and grants Provider, KOZ and/or their assigns a perpetual, nonexclusive fully paid, non-terminable worldwide license to (i) copy, display, distribute and publish the Content created by Group or any of its agents, including but not limited to, the right to transfer the Content to any medium and/or create derivative works based on the Content published on a Group Site (other than Content to which access is restricted by the Group Administrator at all times) in whatever form whatsoever and (ii) replicate or otherwise copy or produce the Content on computer servers accessible on the community networks of Provider and Koz. Group represents to Provider and Koz that he/she has all necessary rights and authority to grant this license on behalf of itself and its agents. Group also grants to Provider and KOZ the right to place sponsors advertising, content, navigation tools , and other programming around the Group Site. Group shall have no right to sell advertising or sponsorships on the Group Site. Group shall keep Content on the Group Site current.

9. Any copying from the Group Sites will be solely for Group's own noncommercial, personal use. Except as expressly provided by copyright law, all other copying, redistribution, or publication must be with the express written permission of Provider and/or the owner of such material. Copying, redistribution, or publication of copyrighted material, or making changes to or deleting author attribution or copyright notice are prohibited. Downloaded software may not be reverse engineered unless specifically authorized by the owner of the software and unauthorized copying of software included in the Service is expressly prohibited. Group may download public domain content for its own use. Group assumes all risks regarding the determination of whether any content is in the public domain. Provider will cooperate with local, regional or national authorities in the event of any investigations. Such cooperation may include, but is not limited to, sharing the name and contract information of Groups and Members.

10. Provider and its authorized representatives reserve the right, but are not obligated, in their sole discretion, to edit or delete any Content appearing on the Group Site, regardless of whether it violates applicable standards for Content, for any reason. Provider reserves the right in its sole discretion to suspend or terminate Service to the Group and/or any Member at any time without notice.

11. PROVIDER DOES NOT ENDORSE, ASSERT, OR STAND BEHIND THE TRUTHFULNESS OR RELIABILITY OF OPINIONS, ADVICE OR STATEMENTS GIVEN OR MADE THROUGH THE GROUP SITE OR THE SERVICE. PROVIDER RESERVES THE RIGHT TO REVIEW OR HAVE REVIEWED CONTENT FROM MEMBERS PRIOR TO OR AFTER SUCH CONTENT IS PUBLISHED ON THE GROUP SITE. SUCH REVIEW MAY BE PERFORMED BY PROVIDER, OTHER MEMBERS, OR OTHER INDEPENDENT THIRD PARTIES. GROUP ACKNOWLEDGES, HOWEVER, THAT NEITHER PROVIDER NOR KOZ IS CURRENTLY REVIEWING OR EDITING CONTENT AND THAT SAFEGUARDS RELATIVE TO COPYRIGHT, OWNERSHIP, OBSCENITY, DECENCY, RELIABILITY AND INTEGRITY OF CONTENT MAY BE ENTIRELY LACKING FOR CONTENT. GROUP ASSUMES ALL RISK AND LIABILITY WITH RESPECT TO ITS USE OF THE SERVICE, INCLUDING GROUP'S CONTINUOUS COMPLIANCE WITH THIS AGREEMENT. GROUP FURTHER ACKNOWLEDGES THAT ANY TIME PROVIDER BLOCKS OR EDITS CONTENT, PROVIDER IS ACTING AS A "GOOD SAMARITAN", FOR PURPOSES OF IMMUNITY FROM LIABILITY UNDER THE FEDERAL COMMUNICATIONS DECENCY ACT, 47 U.S.C. § 230(c).

12. The person authorizing this Agreement on behalf of the Group represents that he/she is at least 18 years of age and is authorized to execute this Agreement on behalf of the Group.

13. This Group Agreement is made in the State of Maine, and shall be governed by and construed in accordance with the laws of the State of Maine except that no conflicts of laws provision shall be invoked so as to use the laws of any other jurisdiction.

14. The failure or delay of either party to exercise any right under this Agreement shall not be construed as a waiver of that right. This Agreement, along with the agreements executed by the Group's Group Administrator, constitute the entire and only agreements between Provider and the Group relating to the Service and superseds all other communications and agreements with regard to the subject matter hereof. Group's right to use the Service is not transferable and is subject to any limits established by Blethen Maine Newspapers New Media Development Group.

If Group is connected with a corporation, limited liability company, partnership or trust, Group will report the legal name of entity that includes Group to Alina Blakesley at ablakes@portland.com or (207) 828-1918.

By Submitting the signup form the Group agrees to be bound by the terms of this Group Agreement.