MEMBER TERMS OF SERVICE

IMPORTANT: PLEASE CAREFULLY READ THE FOLLOWING TERMS OF SERVICE, AS THEY GOVERN AND LIMIT YOUR USE OF THE AFFERO WEB SITE AND SERVICES AND AFFECT YOUR LEGAL RIGHTS.

1.Definitions
a. Member: either an Author or a Patron, as defined below. Because these Terms of Service address prospective Members, such a prospective member is referred to as "you".

b. Patron: a member who has registered on Affero by providing a username, password and valid email address, and who responds to content posted on Affero with ratings, comments and donations.

c. Author: a member who has registered on Affero by providing a username, password and valid email address, and who creates and posts content for the benefit of Patrons.

2.Acceptance of Terms
Subject to the following terms and conditions ("Terms"), Affero, Inc. ("Affero") provides you with the opportunity to use the features available (the "Services") via the world wide web located at www.affero.net (the "Site"). The Terms may be amended by Affero from time to time without notice to you. You agree that your continued use of the Site constitutes your acceptance of any revised Terms. By accessing the Site and using the Services, you agree to the Terms. If you do not agree to the Terms, you may not use the Site or the Services available through the Site. In addition, use of the Services may be subject to additional terms and conditions that will be posted or otherwise made available to you when accessing the Services.

3.Registration Data
In order to donate money, rate and/or comment on a Patron or Author, you must register. In registering, you agree to: (a) provide true, accurate, current and complete information about yourself (such information being the "Registration Data") as prompted by the applicable registration form ; and (b) maintain and promptly update the Registration Data to ensure that it remains true, accurate, current and complete. By registering, you will receive an email at the email address which you entered when registering which will prompt you to come to the Site and select your user ID and a password. You are solely responsible for maintaining the confidentiality of your user ID and password, and are fully responsible for all activities that occur under your account or by means of your password on the Site, whether or not authorized by you. You agree to immediately notify Affero of any unauthorized use of your account or any other breach of security of which you become aware or suspect. Affero will not be liable in any manner whatsoever for your failure to comply with the requirements in this Section 3.

4.Rating Services
Subject to the Terms, Affero enables a Patron to rate and/or comment on an individual with an email address. Authors are also permitted to rate and/or comment on a Patron who has previously rated the Author.

5.Donation to Beneficiaries
A Patron may elect to make a donation of money to a beneficiary or beneficiaries on behalf of an Author or another person who has an e-mail address. Donations may be made in U.S. dollars by credit card. You acknowledge and agree that Affero will accept such funds, arrange for them to be held in a separate account on your behalf until the transfer to Affero is completely processed (including a reasonable holding period for possible charge-backs), add and withhold a fee equal to the greater of $1.00 or 6% of the amount transferred to Affero charged to you as compensation for acting as your agent, and remit the balance of the funds to the beneficiary or beneficiaries you have selected. You acknowledge and agree that Affero and its affiliates (which may include a separate trust organized specifically to hold Patron donations) will act exclusively as your agent for the purpose of remitting to Affero its fee as hereinbefore acknowledged and agreed upon and for the purpose of remitting the balance of such funds to the beneficiaries in accordance with your instructions. You agree that if for any reason (other than a failure on the part of Affero or its affiliates) your transaction is cancelled, your funds will be returned to you less the fee payable to Affero as provided above.

5.1 Dealing with Authors
Patron dealings with Authors on the Site or through the Services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Authors. You understand and agree that Authors are not employees or agents of Affero.

5.2 No Endorsement
Affero does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted on or available through the Site or endorse any opinions posted by Patrons or Authors. You acknowledge that any reliance on material posted on or available through the Site will be at your own risk.

5.3 No Obligation to Monitor
Affero does not control the information delivered to the Site, and Affero has no obligation to monitor the Site. However, Affero reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in Affero's sole discretion.

5.4 Patron Profiles/Author Profiles
Patrons may choose to rate, comment and/or donate money to beneficiaries on behalf of any individual, Author or otherwise. Authors may add a rating and comment to a Patron Profile to provide feedback on the Patron. This information will become part of the Patron information ("Patron Profile") and Author information ("Author Profile"), which may be accessed by Patrons, Authors and others in the general public.

All information posted by Patrons and/or Authors will become a part of both the Patron's and Author's Profile. You understand and expressly agree that Affero assumes no responsibility or liability for any content posted to the Patron Profile and/or Author Profile and that you are solely and entirely responsible for any information you provide on the Site. If you decide to post on the Site photographs, drawings, images, graphic art, music or any other copyrightable work not created solely and entirely by you but instead created by a third party, you are solely responsible for obtaining advance permission in writing from the copyright owner prior to posting the copyrightable work. If you decide to post on the Site logos, trademarks, or service marks of any third party, you are solely responsible for obtaining advance permission in writing from the mark owner prior to posting the logo, trademark or service mark. Affero reserves the right to request a copy of any copyright and/or trademark licenses or permissions granted to you by any third party in regard to your postings on the Site. Affero reserves the right to remove any information posted on the Site at any time and for any reason whatsoever, including any evidence that information or materials owned by third parties have been posted without the permission of those third parties. You agree that Affero will not be liable to you in any way whatsoever for removing such information.

Notwithstanding the forgoing, Patrons may elect to keep donations to beneficiaries private to themselves and the associated Author and therefore not disclosed in the Patron Profile and to the general public.

6.Online Conduct
In using the Services or Site, you agree to comply with all applicable laws, treaties, rules and regulations. You further agree that you will not:
a) upload, post, electronic mail or otherwise transmit any content or material (i) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable ; (ii) that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (iii) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (iv) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment ; or (v) that is unsolicited or unauthorized advertising, including without limitation, promotional materials, junk mail, spam, chain letters, or pyramid schemes;
b) harm minors in any way or post or collect information through the Site or Services that may pose a threat to minors ;
impersonate any person or entity, including, but not limited to, a Affero official, forum leader, host, or falsely state or otherwise misrepresent your affiliation with a person or entity, or forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted through the Services ;
c) interfere with or disrupt the Site or Services or servers or networks connected to the Site or utilizing the Services, disobey any requirements, procedures, policies or regulations of networks connected to the Site or utilizing the Services, or engage in improper use of the Site or Services that could harm or damage the Site or Services, its Patrons, Authors or other third parties or networks.
d) collect or store personal data about other Patrons or attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Site or utilizing the Services.

7.Affero Privacy Policy
You acknowledge that all information accessible on the Site are public and not private communications, and that therefore others may read your communications without your knowledge.

All information that you provide to Affero via the Site is subject to our Privacy Policy hereby incorporated by reference. For more information, please read our full privacy policy at www.affero.com/cpp.htm.

8.Termination/Deactivation
Either you or Affero may terminate your registered account at any time. This is your sole and exclusive remedy with respect to any dissatisfaction with the Services or Site, these Terms as may be updated from time to time, or any other policies and practices that Affero may adopt or modify. You may deactivate your account by signing in with an Affero ID and password and accessing the preferences page then by clicking on deactivate profile option. Your account deactivation will take effect within a reasonable amount of time following Affero's receipt of your deactivation notice. Affero reserves the right to restrict your access to the Services and may at any time in its sole discretion with or without notice to you and with or without cause immediately deny you access to the Services and may remove all of your account information and/or other content from the Site. In addition, in the event of any actual or potential violation of the letter or intent of these Terms, Affero reserves the right to suspend or terminate, either temporarily or permanently, any or all Services provided by Affero, to block any prohibited activity, or to take any other actions as deemed appropriate by Affero in its sole discretion. Users who violate these Terms may additionally incur criminal and/or civil liability. Affero may disclose to appropriate governmental authorities information concerning your identity and/or activities in connection with the Site or Services if Affero suspects, in its sole discretion, that you are or have been engaging in illegal conduct through the Site or Services and Affero will cooperate fully in connection with governmental investigations of any such illegal conduct.

9.Links
The Services may provide links to other World Wide Web sites or resources. Affero has no control over or responsibility for such sites and resources. You agree that Affero is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such Sites or resources. Affero provides these links to you only as a convenience and inclusion of any link does not imply endorsement of the sites or products or services available through such Sites.

10. Affero's Proprietary Rights
You acknowledge and agree that the Site, the Services and any content used in connection with the Services (collectively "Affero Content") contain proprietary and confidential information that is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. As between you and Affero, Affero and its licensors shall own all right, title and interest in and to the Site, the Services and the Affero Content. Except as expressly authorized by Affero, you may not modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, the Services or the Affero Content, in whole or in part. Specifically and without limiting the generality of the foregoing, you will only use information provided on the Site and through the use of the Services for your own personal purposes and will not copy, publish or otherwise distribute such information. Notwithstanding the forgoing, the software is available under the terms of the Affero General Public License hereby incorporated by reference. For more information, please read the Affero General Public License at www.affero.org/oagpl.htm.

11. Indemnity
You agree to indemnify, defend and hold harmless Affero, its affiliates, officers, directors, employees, consultants and agents from any and all claims, liability, damages and/or costs (including without limitation attorneys' fees and legal costs) arising out of or related to any content that you upload or post on the Site, including, but not limited to, any third party claim(s) that the content (or any part thereof) you upload or post infringes any copyright, trademark, tradename or patent rights of a third party, defames or invades any right of publicity or privacy, or otherwise infringes any other proprietary right; or otherwise arising out of or related to your use of the Services or your violation of these Terms.

12. Rules for and Limitations on Use of the Services
Affero may establish rules for and limitations on use of the Services. Affero reserves the right to change these rules and limitations at any time, in its sole discretion, with or without notice. Affero may modify or discontinue, temporarily or permanently, the Services (or any part thereof) and may remove content from the Services or Site, with or without notice to you. Affero will not be liable to you or to any third party for any modification or discontinuance of the Services or removal of content from the Site or Services.

13.Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(A)YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AFFERO 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. IN PARTICULAR, AFFERO DOES NOT WARRANT THAT ANY INFORMATION PROVIDED TO YOU BY PATRONS, AUTHORS OR ANY OTHER THIRD PARTIES THROUGH THE SERVICES IS ACCURATE, CURRENT OR COMPLETE. AFFERO MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE ABILITIES, PERFORMANCE OR QUALIFICATIONS OF PATRONS OR AUTHORS. YOU AGREE THAT AFFERO SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED BY YOU IN CONNECTION WITH YOUR DEALINGS WITH PATRONS OR AUTHORS THROUGH THE SERVICES.

(B)AFFERO MAKES NO WARRANTY THAT (i) THE SITE AND THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SITE AND THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR (iii) ANY ERRORS IN THE SITE AND THE SERVICES WILL BE CORRECTED.

(C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

14.Limitation of Liability

YOU AGREE THAT AFFERO 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 AFFERO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE AND/OR THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM YOUR USE OF THE SITE AND/OR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT BY ANYONE OTHER THAN AFFERO; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY USING THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SITE OR SERVICES. NEITHER AFFERO NOR ANY OF ITS SUPPLIERS, AGENTS, OR THIRD PARTY AFFILIATES WILL BE LIABLE TO YOU IN CONNECTION WITH THIS AGREEMENT AND/OR YOUR USE OF THE SITE AND SERVICES REGARDLESS OF THE FORM OF ACTION OR CLAIM (E.G., CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, MALPRACTICE, FRAUD OR ANY OTHER LEGAL THEORY).

15.Trademark Information

Affero and the Affero logo and other Affero product and service names are trademarks of Affero, Inc. (the "Affero Marks"). Without Affero's prior written permission, you agree not to display or use the Affero Marks in any manner.

16. International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

17. Notices

Notices to you may be sent via either electronic mail or regular mail and will be effective upon dispatch by Affero. You may be provided with notices of changes to the Terms or other matters on the Site. You will provide Affero with notice in English via electronic mail at notices@Affero.com or via U.S. mail to the following address: 510 Third Street, Box 12, San Francisco, CA 94107. Notices sent by you will be effective upon Affero's receipt of such notices.

18.General Information

The Terms constitute the entire agreement between you and Affero and govern your use of the Services, superceding any prior agreements between you and Affero. The Terms and the relationship between you and Affero shall be governed by the laws of the State of California, without regard to its conflict of law provisions. You and Affero irrevocably consent to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California. Except for any dispute rights that may be provided to you under applicable law, in order to dispute a charge to your credit card by Affero, you must contact Affero within 60 calendar days of the date on which you receive your credit card statement containing the charges to which the dispute relates. You may not dispute a charge with Affero beyond this 60 calendar day period. The failure of Affero to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Terms shall remain in full force and effect. Affero shall not be liable to you for any delay or failure to perform directly or indirectly attributable to events and causes beyond Affero's control. You may not assign or delegate any of your rights or obligations under the Terms without Affero's express written consent and any unauthorized assignment shall be null and void. The Terms inure to the benefit of Affero's successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.

19.Copyrights.

The contents within the Service are protected by copyright and other laws in both the United States and elsewhere. The Service includes both content owned or controlled by Affero as well as content owned or controlled by third parties and licensed to Affero.

The Site is public. As set forth above, other users will have access to the Author Profile and/or Patron Profile. They might copy, modify or distribute it without your permission. If you believe that your profile has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify Affero by providing Affero's copyright agent with the following information:
a.An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted interest;
b.A description of the copyrighted work that you claim has been infringed, including the URL (ie, web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
c.The identification of the location of the copy you believe infringe on that work;
d.Your address, telephone number, and email address;
e.A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
f.A statement by you, made under the penalty of perjury of the state in which you are located, that the information in your notice to Affero's copyright agent is accurate, and that you are authorized to act on behalf of the copyright owner.

Affero's agent for notice of claims of copyright infringement on this web site can be reached by mail at: 510 Third Street, Box 12, San Francisco, CA 94107.