1.  ACCEPTANCE OF TERMS.  Welcome to the Kenyon Alumni
Association Online Services.  Kenyon College (“Kenyon” or
“we”), through the Kenyon Office of Alumni and Parent
Programs, provides its service to you (“you” or “user”),
subject to the following Terms of Service (“Terms of
Service”), which may be updated by Kenyon from time to
time without notice to you.  Kenyon encourages you to review
the most current version of these Terms of Service often.
Your continued use of the Service constitutes your agreement
to these Terms of Service, including but not limited to any
changes.

2.  DESCRIPTION OF SERVICE.  Kenyon currently provides
users with access to the Kenyon Alumni Association Online
Services, a collection of information, communications tools,
forums, chat rooms and other on-line resources that Kenyon
operates, owns and licenses (the “Service”).  Unless
explicitly stated otherwise, all new features that enhance the
current Service, including but not limited to the release of
new Kenyon services, are subject to these Terms of Service.
Kenyon reserves the right at any time and from time to time
to modify or discontinue, temporarily or permanently, the
Service (or any part of the Service) with or without notice.
Kenyon is not liable to you or to any third party for any
modification, suspension or discontinuance of the Service.

3.  REGISTRATION OBLIGATIONS.  To obtain access to all
features and functions of the Service, you must complete and
submit the registration form online.  Without doing that, you
may be able to access limited parts of the Service, but not be
able to fully access, or interact with others on, the Service.
You must provide accurate, current and complete information
about yourself (the “Registration Data”) as prompted by
the Service’s registration form, and maintain and promptly
update the Registration Data to keep it accurate, current and
complete.

4.  PRIVACY POLICY.  Kenyon has taken reasonable
precautions to secure the personal information available
through the Service.  The online directory is password-
protected and intended to allow access by registered Kenyon
alumni only.  Furthermore, the directory is located on a
secure web site that incorporates encryption technology.
Although these precautions should effectively protect any
 personal information available through the directory from
abuse or outside interference, a certain degree of privacy risk
is faced any time information is shared over the Internet.
Therefore, through the Profile Management feature of the
Kenyon Alumni Online Directory feature of the Service, you
have the ability to control the nature and amount of
information available to other alumni through the Service.

The Service is intended to allow you to keep in touch with
other alumni for personal purposes only, and not for business
purposes.  Communications among alumni are not intended
for publication or retransmission in any media.  Using the
addresses or other information contained in the online
directory for any public, private, commercial or political
mailing is strictly prohibited.  Use of any information available
on the Service is subject to the provisions of the USER
CONDUCT section below.

We may disclose to third parties certain aggregate
information contained in your Registration Data or related
data, but that information will NOT include personally
identifying information, except as specifically authorized by
you or in the good faith belief that the disclosure is
reasonably necessary to comply with the law, legal process,
to enforce these Terms of Service, to protect the rights or
property of Kenyon, to protect the personal and informational
safety of users or the public in exigent circumstances, or as
Kenyon determines is reasonably necessary to maintain or
efficiently operate the Service (such as the operation of
servers hosting the Service).  Certain technical processing of
communications and their content may be required to:
(a) send and receive messages; (b) conform to connecting
networks’ technical requirements; (c) conform to the
limitations of the Service; or (d) conform to other similar
requirements.  That processing and alteration are automated
and do not constitute the exercise of editorial control over the
messages or communications or the monitoring of content.

Kenyon may collect personally identifiable information about
individuals.  Personally identifiable information on individual
users will be used for Kenyon’s purposes but will typically
only be sold or otherwise transferred to unaffiliated third
parties in connection with Kenyon-sponsored activities.
Kenyon reserves the right to contact a user regarding account
status, or changes to these Term of Service, and other
matters relevant to the Service and/or the information
collected and to use personally identifiable information for
purposes of supporting Kenyon’s operations.

The Kenyon site contains links to other sites.  Kenyon is not
responsible for the privacy practices or the content of such
Web sites.  Also, users should be aware that Kenyon may
sometimes permit third parties to offer subscription and/or
registration-based services through a Kenyon site.  Kenyon is
not responsible for any actions or policies of such party when
handling personally identifiable information.

Additionally, users should be aware that when they voluntarily
disclose personally identifiable information (e.g., user name,
e-mail address) in the interactive portions of the Service, that
information, along with any substantive information disclosed
in the user’s communication, can be collected and correlated
and used by third parties and may result in unsolicited
messages from other posters or third parties.  Such activities
are beyond the control of Kenyon and you should exercise
caution when deciding to disclose your personal information.

Users also should be aware that non-personal information and
data may be automatically collected through the standard
operation of the Service or through the use of “cookies”.
“Cookies” are small text files a web site can use to recognize
repeat users, facilitate the user’s ongoing access to and use
of the site and allow a site to track usage behavior and
compile aggregate data that will allow content improvements
and targeted advertising.  Cookies are not programs that
come onto user’s system and damage files.  Generally
cookies work by assigning a unique number to the user that
has no meaning outside the assigning site.  Users should be
aware that Kenyon cannot control the use of cookies or the
resulting information by advertisers or third parties hosting
data for Kenyon.  If a user does not want information
collected through the use of cookies, there is a simple
procedure in most browsers that allows the user to deny or
accept the cookie feature, however, users should note that
cookies may be necessary to provide the user with certain
features (e.g., customized delivery of information) available
on the Service.

Kenyon reserves the right to change this policy at any time.
If we decide to change Kenyon’s privacy policy, we will post
these changes here and/or elsewhere on the Service so that
you will always know what information we gather, how we
might use that information and whether we will disclose it to
anyone.  This privacy policy only applies to the handling of
information collected in connection with the Service and not
Kenyon’s other operations.  If you have any questions about
this privacy policy, you may contact:  Lisa Schott at
schottl@kenyon.edu.

5.  USER ACCOUNT, PASSWORD AND SECURITY.  You will
receive a password and account designation upon completing
the Service’s registration process.  You are responsible for
maintaining the confidentiality of the password and account,
and are fully responsible for all activities that occur under
your password or account.  You must immediately notify
Kenyon of any unauthorized use of your password or account
or any other breach of security.  Kenyon will not be liable for
any loss or damage arising from your failure to comply with
this section.

6.  USER CONDUCT.  You understand that all information,
data, text, software, music, sound, photographs, graphics,
video, messages or other materials or communications
(“Content”), whether publicly posted or privately transmitted,
are the sole responsibility of the person from which that
Content originated.  This means that you, and not Kenyon,
are entirely responsible for all Content that you post or
otherwise transmit using the Service.  You may not use the
Service to (or attempt to):

(a)  post or otherwise transmit any Content that, under the
circumstances in Kenyon’s good faith judgment is, or is likely
to be perceived by an intended recipient or target as,
unlawful, harmful, threatening, abusive, harassing, “stalking,”
tortious, defamatory, vulgar, obscene, libelous, invasive of
another’s privacy, hateful or racially, ethnically or otherwise
objectionable, or harmful to minors in any way, or violate
other generally prevailing “netiquette” (such as respect for
others’ ideas and privacy and staying “on topic” in
discussions), or rules that may apply to specific portions of
the Service that you use;

(b)  impersonate any person or entity, including but not
limited to any Kenyon official, alumni, student or other,
falsely state or otherwise misrepresent your affiliation with a
person or entity, or manipulate identifiers in order to disguise
the origin of any Content transmitted through the Service;

(c)  reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Service, use of the
Service, or access to the Service, including but not limited to
commercial advertising, solicitation, cold-calling or mass
mailing;

(d)  post or otherwise transmit any Content 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);

(e)  post or otherwise transmit any Content that inaccurately
implies endorsement, approval or sponsorship by Kenyon or
any of our offices or officers;

(f)  post or otherwise transmit any Content that infringes any
privacy, publicity, patent, trademark, trade secret, copyright
or other proprietary rights of any person or entity, including
but not limited to communications that violate other users’
privacy, such as granting access to the Service or distributing
information obtained from the Services to non-alumni;

(g)  post or otherwise transmit any unsolicited or
unauthorized advertising, promotional materials, “junk mail,”
“spam,” “chain letters,” “pyramid schemes,” or any other
form of solicitation, or use any distribution lists to any person
who has not given specific permission to be included in that
type of process;

(h)  post or otherwise transmit any material that contains
software viruses or any other computer code, files or
programs that interrupt, destroy or limit the functionality of
any software or equipment;

(i)  disrupt the normal flow of dialogue, cause a screen to
“scroll” faster than other users of the Service are able to
type, or otherwise act in a manner that negatively affects
other users’ ability to engage in real time exchanges;

(j)  interfere with or disrupt use or enjoyment of the Service
or servers or networks connected to the Service;

(k)  intentionally or unintentionally violate any applicable
local, state, national or international law, including but not
limited to regulations relating to the export or transmission of
technical data, regulations promulgated by the U.S. Securities
and Exchange Commission, any rules of any national or other
securities exchange, and any regulations having the force of
law; or

(l)  collect or store personal data about other users except as
expressly permitted under these Terms and Conditions.

7.  CONTENT ACCESSED.  Kenyon does not control or
endorse the Content available through the Service and so
does not guarantee the accuracy, reliability, integrity or
quality of that Content.  You understand that by using the
Service, you may be exposed to Content that is offensive,
indecent or objectionable.  Under no circumstances will
Kenyon be liable in any way for any Content, including but
not limited to for any errors or omissions in any Content, or
for any loss or damage of any kind incurred as a result of the
use of any Content posted or otherwise transmitted using the
Service.  You must evaluate, and bear all risks associated
with, the use of any Content, including but not limited to any
reliance on the accuracy, completeness or usefulness of that
Content.  In this regard, you may not rely on any Content
created by Kenyon or submitted to Kenyon, including but not
limited to information in forums and chat rooms and other
parts of the Service.

9.  CONTENT SUBMITTED.  Kenyon does not own Content you
submit, unless we specifically tell you otherwise before you
submit it.  You license the Content to Kenyon as set forth
below for the purpose of displaying and distributing that
Content in connection with the Service.  By submitting
Content in connection with using the Service, you
automatically grant, or warrant that the owner of that Content
has expressly granted, to Kenyon the royalty-free, perpetual,
irrevocable, non-exclusive and fully sub-licensable right and
license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, perform and display
that Content (in whole or part) worldwide and/or to
incorporate it in other works in any form, media, or
technology now known or later developed.  Kenyon's right to
display, reproduce, modify, adapt, publish, and create
derivative works from your
Content is only for the purpose of making your Content
 accessible to users of the Service, providing the Service
andpromoting the Service.  For example, Kenyon may need
to copy your files onto more than one computer so that it can
display your Content quickly and as a backup.  Also, Kenyon
may use your Content in promotions of the Service.  Kenyon
may also use different kinds of systems or use other
organizations to help serve the pages of the Service that may
contain your Content, and in doing so, the format of your
Content may need to be changed, such as images being
changed from JPEG format to GIF format. Kenyon does not
pre-screen Content, but Kenyon and its designees and
service providers have the right (but not the obligation) in
their sole discretion to refuse, edit, move or remove any
Content that is available through the Service.  Without limiting
the foregoing, Kenyon and its designees and service
providers have the right to remove any Content that violates
these Terms of Service or is otherwise objectionable.

10.  INDEMNITY.  You shall indemnify and hold Kenyon, and
its service providers and their respective directors, trustees,
officials, managers, faculty, officers, employees, agents and
contractors, harmless from any claim or demand, including
but not limited to reasonable attorneys’ fees, made by any
third party due to or arising out of Content that you provide,
your use of the Service, or your violation of these Terms of
Service.

11.  TERMINATION.  Kenyon, in its sole discretion, may
terminate your password, account (or any part of your
account) or use of the Service, and remove and discard any
Content within the Service, for any reason, including but not
limited to if Kenyon believes that you have violated or acted
inconsistently with the letter or spirit of these Terms of
Service.  Kenyon may also in its sole discretion and at any
time discontinue providing the Service, or any part of the
Service, with or without notice.  Any termination of your
access to the Service (or any portion of the Service) under
any provision of these Terms of Service may be made
without prior notice, and Kenyon (or one or more of its
service providers) may immediately deactivate or delete your
account and all related information associated with your
account and/or bar any further access to that information or
the Service.  Further, neither Kenyon nor any of its service
providers is liable to you or any third-party for any
termination of your access to the Service.  Finally,
termination does not relieve you of the consequences of your
actions while using the Service before termination.  The
following provisions of these Terms of Service survive
termination of these Terms of Service, as well as all other
provisions which by their nature should continue:  PRIVACY
POLICY, CONTENT SUBMITTED, CONTENT ACCESSED,
INDEMNITY, TERMINATION, ADVERTISER INFORMATION,
LINKS, DISCLAIMER OF WARRANTIES, LIMITATION OF
LIABILITY, EXCLUSIONS, TRADEMARK INFORMATION,
COPYRIGHT INFORMATION and GENERAL INFORMATION.
Otherwise, neither Kenyon, nor its service providers, nor you,
will have any obligation whatsoever to the other after any
cancellation or termination of your use of or access to the
Service.

12.  ADVERTISER INFORMATION.  Your correspondence or
business dealings with, or participation in promotions of,
advertisers found on or through the Service, including but not
limited to payment and delivery of related goods or services,
and any other terms, conditions, warranties or
representations associated with those dealings, are solely
between you and the advertiser.  Kenyon is not responsible
or liable for any loss or damage of any sort incurred as the
result of any of those dealings or as a result of the presence
of those advertisers on the Service.

13.  LINKS.  The Service may provide, or service providers or
other third parties may provide, links to other World Wide
Web sites or resources.  Because Kenyon has no control over
those sites and resources, Kenyon is not responsible for the
availability of those 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 any of those
sites or resources.  Further, neither Kenyon nor any of its
service providers is responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any
Content, goods or services available on or through any of
those sites or resources.

14.  DISCLAIMER OF WARRANTIES.  YOU EXPRESSLY
UNDERSTAND AND AGREE THAT:

(a)  YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS.  EACH OF KENYON AND ITS SERVICE
PROVIDERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT;

(b)  NEITHER KENYON NOR ANY OF ITS SERVICE PROVIDERS
MAKES ANY WARRANTY THAT (i) THE SERVICE WILL MEET
YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR
OTHER MATERIAL PURCHASED OR OBTAINED OR
TRANSACTIONS ENTERED INTO BY YOU THROUGH THE
SERVICE WILL MEET YOUR EXPECTATIONS; OR (v) ANY
DEFECTS IN THE SERVICE WILL BE CORRECTED;

(c)  ANY MATERIAL OBTAINED THROUGH THE SERVICE 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 OF ANY MATERIAL; AND

(d)  NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM KENYON OR ANY OF ITS
SERVICE PROVIDERS OR THROUGH OR FROM THE SERVICE
CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE
TERMS OF SERVICE.

15.  LIMITATION OF LIABILITY.  YOU EXPRESSLY
UNDERSTAND AND AGREE THAT NEITHER KENYON NOR ANY
OF ITS SERVICE PROVIDERS IS LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF KENYON OR ITS
SERVICE PROVIDERS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE
FORM OF ACTION WHETHER IN CONTRACT, NEGLIGENCE OR
OTHER TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE,
EVEN IF KENYON OR ITS SERVICE PROVIDER HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM:

(a)  THE USE OR INABILITY TO USE THE SERVICE;

(b)  THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
OR SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SERVICE;

(c)  UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA;

(d)  STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE SERVICE;

(e)  CHANGES TO THESE TERMS OF SERVICE;

(f)  FAILURE BY KENYON OR ITS DESIGNEE TO ENFORCE
THESE TERMS OF SERVICE;

(g)  TERMINATION, SUSPENSION OR UNAVAILABILITY OF
THE SERVICE OR ANY PART OF THE SERVICE OR ANY
ASSOCIATED FEATURES OR FUNCTIONS; OR

(h)  ANY OTHER MATTER RELATING TO THE SERVICE.

16.  TRADEMARK INFORMATION.  “Kenyon,” Kenyon logos
and Kenyon trademarks and service marks and names are
trademarks or service marks of Kenyon.  Without Kenyon’s
prior written permission, you may not display or use in any
manner these Kenyon marks.

17.  COPYRIGHT INFORMATION.  Kenyon respects the
intellectual property of others, and we ask users to do the
same.  If you believe that your work has been copied in a
way that constitutes copyright infringement, please provide
Kenyon’s copyright agent the following information:

(a)  an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright
interest;

(b)  a description of the copyrighted work that you claim has
been infringed;

(c)  a description of where the material that you claim is
infringing is located on the Service;

(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; and

(f)  a statement by you, made under penalty of perjury, that
the above information in your notice is accurate and that you
are the copyright owner or authorized to act on the copyright
owner’s behalf.

Kenyon’s copyright agent for notice of claims of copyright
infringement on the Service is OSAC, Inc., who can be
reached by mail at:  100 South Third Street, Columbus, Ohio
43215 or by email at:  copyright@bricker.com.

18.  GENERAL INFORMATION.

(a)  Notices to you may be made via either email or regular
mail.  The Service may also, but is not required to, provide
notices of changes to these Terms of Service or other matters
by displaying notices or links to notices to you generally on
the Service.

(b)  These Terms of Service and the relationship between you
and Kenyon are governed by the laws of the State of Ohio
without regard to its conflict of law provisions.  You and
Kenyon shall submit to the personal and exclusive jurisdiction
of the courts located within Knox and Franklin Counties,
Ohio.  This is a services contract and not a contract for the
sale of goods.  The United Nations Convention of Contracts
for the International Sale of Goods does not apply to these
Terms of Service.  Regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related
to use of the Service or these Terms of Service must be filed
within one year after that claim or cause of action arose.

(c)  The failure of Kenyon to exercise or enforce any right
under or provision of these Terms of Service does not
constitute a waiver of that right or provision.

(d)  If any provision of these Terms of Service is found by a
court of competent jurisdiction to be invalid, the court should
endeavor to give effect to the parties’ intentions as reflected
in the provision, and the other provisions of these Terms of
Service remain in full force and effect.

(e)  The section titles in these Terms of Service are for
convenience only and have no legal or contractual effect.

(f)  These Terms of Service constitute an agreement only
between you and Kenyon and, other than Kenyon’s service
providers, there is no third party beneficiary to any of the
obligations under these Terms of Service.

(g)  These Terms of Service constitute the entire agreement
between you and Kenyon and govern your use of the Service,
superceding any prior representations, proposals,
inducements, assurances, promises, agreements and any
other communications between you and Kenyon with respect
to the subject matter of these Terms of Service.  Neither the
course of conduct between you, Kenyon and/or its service
providers, nor trade practice modifies these Terms of
Service.