Acceptable Use Policy

ACCEPTABLE USE POLICY

By using any Service (as defined below) and/or Content (as defined below) provided by or through the Freedom Writers Foundation ("FWF"), you accept and agree to be legally bound by and comply with all of the following (collectively this "Policy"):

(a) the terms and conditions set forth below;

(b) the Digital Millennium Copyright Act statement, which can be found at http://www.freedomwritersfoundation.org/dmca; and

As used herein, the term "Service" or "Services" means any and all Internet-related services provided by or through FWF such as bulletin boards; the term "Content" means any and all information, data, material, text, images, video, audio, and software provided by FWF; and the term "User" or "Users" means any person who accesses or uses any Service or Content.

If you do not agree to any provision of this Policy, please do not access or use any Service or Content. FWF reserves the right, at its sole discretion, to update or revise this Policy. Please check this Policy regularly. Your continued use of any Content or Service following the posting of any changes to this Policy constitutes your acceptance of such changes.

Any violation of this Policy may result in civil or criminal liability, and FWF may, in addition to any remedy that it may have at law or in equity, immediately terminate permission for any User or, if necessary, for all Users to use the Service. FWF reserves the right to terminate or move material, information, messages or communications that, in FWF's sole discretion, may be illegal, or that may subject FWF to liability or that may violate this Policy.

FWF may investigate any suspected or alleged violation of this Policy and cooperate with the law, law enforcement authorities and/or third parties in such investigation.

1. Prohibited Use: FWF does not permit or tolerate any illegal, abusive, harmful or improper use of the Services or any use of the Services that interferes with other Users' enjoyment of the Services. If you believe that you have been a victim of any such conduct that is described below, please email to faye@freedomwritersfoundation.org. Without limiting the generality of the foregoing, FWF specifically prohibits the following activities:

(a) Collecting, storing, posting, transmitting or soliciting any unlawful, harassing, threatening, abusive, defamatory, libelous, slanderous, scandalous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, pornographic, profane, racist, discriminating or otherwise objectionable or offensive material, information, message or communication;

(b) Collecting, storing, posting, transmitting or soliciting any material, information, message or communication that would infringe or violate any patent, copyright, trademark, trade secret or other intellectual property right of any person;

(c) Collecting, storing, posting, transmitting or soliciting any material, information, message or communication that violates, or may give rise to criminal or civil liability under any federal, state, local, national or international law, including, without limitation, the U.S. export control laws and regulations, and the Computer Fraud and Abuse Act;

(d) Collecting, storing, posting, transmitting or soliciting personal information (including, without limitation, biographical, residential, social, marital, occupational, financial, and health information) about other Users without their knowledge or consent;

(e) Collecting, storing, posting, transmitting or soliciting personal information about children under the age of 13;

(f) Collecting, posting, transmitting or soliciting harmful computer software viruses, codes, files or programs;

(g) Falsifying User information;

(h) Making fraudulent offers to sell or purchase, or conducting any type of financial scam such as "pyramid schemes," "ponzi schemes," or "chain letters";

(i) Sending email with charity requests, petitions for signatures, or any chain mail related materials, other than for donations for causes that have been pre-approved by FWF.

(j) Sending unsolicited email that could be expected, in FWF's sole discretion, that may provoke complaints;

(k) Sending unsolicited email without identifying in the email a clear and easy means to be excluded from receiving additional email from the originator of the email;

(l) Forging email headers, using invalid or non-existent domain names or other means of deceptive addressing in email;

(m) Relaying email in an anonymous fashion, relaying email from any third party's mail servers without that third party's permission, or using similar techniques to hide or obscure the source of the email;

(n) Adding, removing or modifying identifiable network header information in an effort to deceive or mislead;

(o) Impersonating or attempting to impersonate any person by using forged headers or other identifying information;

(p) Doing or attempting to do any thing that adversely affects the ability of other Users to use the Services or the Internet, including, without limitation, "denial of service" attacks against another system or network host or another User;

(q) Hacking, mail-bombing, flooding, overloading, attacking or otherwise sabotaging or interfering with a system or network;

(r) Without permission from the owner or host of a system or network, doing or attempting to do any of the following: accessing the system or network, monitoring data or traffic, probing, scanning, testing firewalls, testing the vulnerability of the system or network, or breaching the security or authentication routines of the system or network;

(s) Reselling or attempting to resell any Service without FWF's prior authorization;

(t) Using any Service to violate another Internet service provider's acceptable use policy and/or terms of service; and

(u) Any other uses of any Service that FWF determines, in its sole discretion, are illegal, abusive, harmful or improper.

2. Proprietary Rights. You acknowledge and agree that all Content is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights. Except as expressly authorized by FWF, you may not copy, reproduce, sell, distribute, disseminate, transmit, publicly display, publish, modify, adapt, edit or otherwise exploit any Content for any purposes, by any means or in any media other than printing or downloading. Without limiting the foregoing, you may print, download or copy certain Content for your personal, non-commercial use ONLY, provided that you must keep intact all copyright, trademark, service mark and other proprietary rights notices contained in or accompanying such Content; and when expressly authorized by FWF. The systematic retrieval of any Content to create or compile, directly or indirectly, a collection, compilation, database or directory without the prior written permission of FWF is prohibited. In addition, use of any Content for any purpose not expressly permitted in this Policy is prohibited.

3. FWF Service Marks. "FWF Service Marks" means all names, marks, brands, logos, designs, trade dress and other designations that FWF uses in connection with its web site, including, without limitation, the Freedom Writers Foundation, FWF, the Erin Gruwell Education Project, EGEP, the Tolerance Education Foundation, TEF, and Junior Freedom Writers. You may make reference to FWF Service Marks, but only if your reference is truthful and not misleading and complies with the then current FWF Service Marks policies. You may not remove or alter any FWF Service Marks. You acknowledge FWF's rights in FWF Service Marks and agree that any and all use of FWF Service Marks shall inure to the sole benefit of FWF. You agree not to incorporate any FWF Service Marks into your marks, names, logos, domain names, links or designations.

4. Third Party Sites. FWF provides links to third party sites for your convenience only. FWF does not warrant or guarantee the availability, completeness, correctness, accuracy, usefulness, timeliness or reliability of, or the results of your use of or reliance upon, any information or material contained in such third party sites. You acknowledge that you access and use such third party sites solely at your own risk. You agree that under no circumstances will FWF be liable in any way for any information or material contained in any third party sites linked to or from its site. FWF is not responsible for any errors or omissions therein, or for any loss or damage of any kind incurred as a result of your use of or reliance upon any information or material contained in such third party sites.

5. Third Party Marks. All other trademarks and service marks appearing on FWF's web site are the property of their respective owners.

6. Postings or Submissions by Users. By posting or submitting any material to FWF's web site, you grant to FWF and its parents, subsidiaries, affiliates and licensees the right to use, copy, reproduce, display, perform, adapt, modify, distribute and promote such material worldwide in any media, by any means and for any purpose. You agree that you will be solely responsible for any material posted or submitted by you. You acknowledge that when you submit information about yourself to the public areas of our site, your information may be seen and used by any other visitor to such public areas. You hereby represent and warrant that you own or otherwise control all of the rights to such material and that no use of such material by FWF will infringe or violate any rights of any third party. You hereby agree to defend, indemnify and hold FWF and its parents, subsidiaries, agents, representatives, employees, officers, directors, affiliates, licensees, sponsors, partners, suppliers and contractors harmless from and against any and all claims, liabilities, damages, costs and expenses (including reasonable attorneys' fees and legal costs) arising from or in connection with any material posted or submitted by you. FWF reserves the right, at any time and in its sole discretion, to remove or block, disable or deny access to edit or modify any material posted or submitted by you.

7. Notice of Copyright Infringement. If you believe that your rights under U.S. copyright law have been infringed by any Content or as a result of the use of any Service or by any user, please read our Digital Millennium Copyright Act statement for instructions at www.freedomwritersfoundation.org/dmca

8. DISCLAIMER OF WARRANTIES. ALL SERVICES AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. TO THE EXTENT PERMITTED BY LAW, ALL SERVICES AND CONTENT ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FWF DOES NOT WARRANT OR GUARANTEE THAT ALL CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT ALL SERVICES AND CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT ALL CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF ANY SERVICE OR CONTENT IS ENTIRELY AT YOUR OWN RISK. PROTECTING THE SECURITY OF YOUR PERSONAL INFORMATION THAT YOU SHARE WITH FWF IS OF THE UTMOST IMPORTANCE TO FWF. UNFORTUNATELY, HOWEVER, NO DATA TRANSMISSION OVER THE INTERNET CAN BE GUARANTEED TO BE 100% SECURE. AS A RESULT, WHILE FWF STRIVES TO PROTECT YOUR PERSONAL INFORMATION, WE CANNOT GUARANTEE OR WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO OR FROM OUR SITE, AND YOU DO SO AT YOUR OWN RISK. THEREFORE, WITHOUT LIMITATION TO THE FOREGOING, FWF IS NOT RESPONSIBLE FOR THE USE OR MISUSE BY OTHERS OF PERSONAL DATA, PHOTOGRAPHS, VIDEOS, ADDRESSES, TELEPHONE NUMBERS, ETC. POSTED BY USERS ANYWHERE ON THIS SITE. WE RECOMMEND THAT YOU USE DISCRETION WHEN PROVIDING ANY SUCH INFORMATION ABOUT YOURSELF, YOUR FAMILY, OR FRIENDS.

9. Limitation of Liability. IN NO EVENT SHALL FWF OR ANY OF ITS PARENTS, SUBSIDIARIES, AGENTS, REPRESENTATIVES, EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, LICENSEES, SPONSORS, PARTNERS, SUPPLIERS OR SUBCONTRACTORS BE LIABLE UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS, GOODWILL OR OPPORTUNITY) ARISING FROM OR IN CONNECTION WITH YOUR USE OR MISUSE OF ANY SERVICE OR CONTENT, REGARDLESS OF WHETHER OR NOT FWF OR ANY OF ITS PARENTS, SUBSIDIARIES, AGENTS, REPRESENTATIVES, EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, LICENSEES, SPONSORS, PARTNERS, SUPPLIERS OR SUBCONTRACTORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT, IN ANY EVENT, FWF'S AND ITS SUBCONTRACTOR'S TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO YOUR USE OF OR INABILITY TO USE ANY SERVICE OR CONTENT SHALL NOT EXCEED THE AMOUNT OF US$25.00 OR ITS EQUIVALENT. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

10. Indemnification of FWF. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD FWF AND ITS PARENTS, SUBSIDIARIES, AGENTS, REPRESENTATIVES, EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, LICENSEES, SPONSORS, PARTNERS, SUPPLIERS AND SUBCONTRACTORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND LEGAL COSTS) ARISING FROM OR IN CONNECTION WITH YOUR USE OR MISUSE OF ANY SERVICE OR CONTENT OR YOUR VIOLATION OF ANY PROVISION OF THIS POLICY. FWF RESERVES THE RIGHT, AT ITS OWN COST, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU SHALL FULLY COOPERATE WITH FWF IN ASSERTING ANY AVAILABLE DEFENSES.

11. International Use. FWF makes no representation or warranty that all Services and Content are appropriate or available for use in locations outside the United States. Accessing any Service or Content from territories in which such Service or Content is illegal is prohibited. You agree that if you choose to access any Service or Content from any locations outside the United States, you do so on your own initiative and are solely responsible for compliance with local laws.

12. Use of Software. The use of any software provided on FWF's web site ("Software") is subject to the following additional terms and conditions: (a) the Software is licensed for your private, non-commercial use ONLY; (b) all rights, title and interest in and to the Software, including, without limitation, any copyrights and other intellectual property rights, shall remain with FWF and/or its licensors; (c) except as expressly permitted in this Policy or by law you may not copy, modify, sell, distribute, disseminate, transmit, translate, reverse-engineer, decompile or disassemble the Software, or disclose the Software or any underlying information or technology to any third party; (d) you may not bypass, disable, deactivate or render ineffective any protection or security scheme or program contained in the Software; (e) you may not remove, erase, modify or tamper with any copyright, trademark, service mark or other proprietary rights notice that is printed or stamped on, affixed to, or encoded or recorded in the Software; (f) you may not download, install, use, export or re-export the Software or any underlying information or technology except in full compliance with all U.S. export control laws and regulations; (g) by installing, downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any country on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders; (h) you acknowledge that FWF provides no assistance, including any technical or customer support, in the use of the Software and your use of the Software is at your own risk; (i) you acknowledge and agree that the Software is provided "AS IS" and "AS AVAILABLE," without warranties of any kind and to the extent permitted by law, FWF disclaims all warranties, express or implied, including, without limitation, warranties of title, merchantability, fitness for a particular purpose and non-infringement; (j) in no event shall FWF be liable for any indirect, incidental, exemplary, special, punitive or consequential damages (including, without limitation, loss of use, lost profits, loss of data or information of any kind, or loss of business, goodwill or opportunity) arising from or in connection with your use or misuse of the Software; (k) as a condition to your use of the Software, you agree to defend, indemnify and hold FWF and any of its parents, subsidiaries, agents, representatives, employees, officers, directors, affiliates, licensees, sponsors, partners, suppliers and contractors harmless from and against any and all claims, liabilities, damages, costs and expenses arising from or in connection with your downloading, use or reproduction of, and/or your receipt or transmission of any material through, the Software; and (l) FWF reserves the right, in its sole discretion and at any time, to modify or discontinue the Software, limit, terminate or suspend your use of the Software, and/or assess charges for the use of the Software in the future.