Username: Password: Type: Alumni Friends/Members Current President

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In light of the recent abuse of the Texas Houston South Mission website, I, Shaun Anthony, the webmaster, am implementing this Terms of Use statement, borrowed from the Germany Hamburg Mission Alumni website. Although it was created for another mission's website, all conditions and terms contained herein are applicable to the Texas Houston South Mission website. Any questions regarding it can be directed to me, Shaun Anthony (see the link above next to the word "Webmaster").

"Acceptable Use Policy

"By accessing and using this website in any way, including, without limitation, browsing the website, using any information, using any content, using any services, downloading or uploading any materials, you agree to and are bound by the terms of use described in this document ('Terms of Use'). The Terms of Use are entered into by and between the Site Maintainer or Administrator ('maintainer') and you. If you are using the website on behalf of your employer, you represent that you are authorized to accept these Terms of Use on your employer's behalf. Maintainer reserves the right, at Maintainer's sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time without notice to you. Please check these Terms of Use for changes. Your continued use of this website following the posting of changes to the Terms of Use will mean you accept those changes.

"Use of Materials Limitation

"All materials contained in the website are the intellectual property of Maintainer, Mission.net, affiliated or non-affiliated entities and/or individuals. All trademarks, service marks, and trade names are proprietary.

"Unless otherwise specified, the materials and services on this website are for your personal and non-commercial use, and you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the website without the written permission from the respective owner(s).

"Use of Technology

"Any software, code, script, image, etc. used on the website is the intellectual property of the maintainer, Mission.net, an affiliated or non-affiliated entity or individual, or is licensed by the respective owner to same. No guarantee is made as to suitability of the website or software, code, script, image, etc. used on the website for any specific purpose. Where applicable, any software, code, script used on the website subject to export restrictions under US Law are is, of course, subject to those restrictions. Any third-party software used on the website has been licensed for such use, and is subject to the terms of such license. Any attempt to duplicate, download and store or disseminate in any form any software, code, script, image, etc. used on the website without prior written permission of the respective owner is a violation of these terms and of US and International intellectual property laws.

"Use of Documents, Web Pages, Publications on the Website

"Except as expressly prohibited on this website, you are permitted to view, copy, print and distribute web pages, publications and documents within this website (such as alumni profiles, reunion notices, mission information and so on), subject to your agreement that: a) your use of the information is for informational, personal, and non-commercial purposes only, b) you will not modify the documents, publications or graphics, c) you will not copy or distribute graphics separate from their accompanying text and you will not quote materials out of their context, d) you will display the below copyright notice and other proprietary notices on every copy you make, and e) you agree that maintainer or respective owner may revoke this permission at any time and you shall immediately stop your activities related to this permission upon notice from same. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators may be prosecuted under US and International Intellectual Property Rights Laws.

"The permission above to use documents and publications does not include permission to copy the design elements, look and feel, or layout of this website. Those elements of the website are protected by law, such as trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the website may be copied or retransmitted unless expressly permitted by the respective owner(s).

"All documents, web pages, publications, graphics, etc. on the website are provided 'as is' without warranty of any kind. No warranty as to suitability for any specific purpose is made or implied.

"Registration

"Certain services of the website require the user to register and provide specific information, some of which may be personally identifiable. You agree to provide true information only. In some instances, you are requested, but not required to provide certain private information. In some instances, you are required to provide private information; however, in those instances, you have the option of preventing such information from being published on the website. By submitting information to the website, other than that which you have indicated is not to be published, you agree to publishing your information to the website. Be advised: Any information you publish on the website will be accessible to anyone who has a computer and access to the Internet.

"You will be required to enter an e-mail address while registering. You agree that you will enter your correct, current, valid e-mail address. If your e-mail address should change, you agree to promptly update your profile with the new address. Your e-mail address will not be published on the site. Others may contact you via e-mail; however, this is accomplished without revealing your e-mail address at any time.

"While registering on the website, you will be required to provide a username and password. For your security, the maintainer does not have access to your password. If you forget your password, you may request it be sent by the website's secure server to your registered e-mail address (from the Login page). Also, for your protection, your password

1. "Should be secure:
   • "should not be a word found in the dictionary (in any language)
   • "should be at least six characters in length
   • "should contain both alpha and numeric characters
   • "should not be a combination easily guessed by others (such as your first name and birthdate)
2. "Should be changed from time to time.

"Private information that is provided as part of the registration process, but which is not published, is stored in a secure environment. Although maintainer and Mission.net take reasonable precautions to protect this information, the possibility always remains that the information may be inadvertently disclosed, or that the website or servers supporting it may come under electronic attack resulting in the system being compromised. Maintainer and Mission.net agree to take such precautions as seem reasonably prudent to prevent and preclude such disclosures or compromises, and you agree to hold maintainer and Mission.net harmless in the event such a disclosure or compromise occurs despite those efforts. Additionally, you agree that maintainer, Mission.net and its affiliates are not responsible for information you intentionally or accidentally publish, nor any consequences devolving therefrom.

"Unlawful and Prohibited Use

"As a condition of your use of the website, you agree that you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the website or its services in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any Mission.net server, or interfere with any other party's use and enjoyment of the website. You may not attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any Mission.net server or to the website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the website. Other than in keeping with the intent of the website to facilitate mission-related, friendship-based connection between missionaries, alumni, presidents, etc., you agree not to contact other individuals registered on the website. This does not preclude sending reunion notices, news articles, familial announcements (weddings, callings, births, etc.) or other items which, in the sole discretion of the maintainer, fall under the intents and purposes of the website; however, it does preclude — but is not limited to — soliciting for any commercial endeavor, charitable contributions, collection of stories or other information for publication, propagation of 'urban legends' or chain letters, etc.

"Restricted Use

"You agree to use the services of the website only to post, send and receive messages and material that are proper and, when applicable, related to the purposes of the website. By way of example, and not as a limitation, you agree that when using the services or the website, you will not:

• "Use the services of the website in connection with surveys (other than by your own participation in surveys which may, from time to time, be published by the maintainer), contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
• "Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• "Publish, post, upload, distribute or disseminate any material, information, topic, or name which, by law, or in the opinion of the maintainer, is inappropriate, profane, defamatory, obscene, obscene as to minors, pornography, racist, lewd, lascivious, filthy, violent, harassing, indecent, unlawful, or otherwise objectionable.
• "Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
• "Use any material or information, including images or photographs, which are made available through the website in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
• "Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
• "Advertise or offer to sell or buy any goods or services for any business purpose. You may; however, include in the Comments of your Alumnus Profile a link to your non-personal (business, charity, service, etc.) website, or that of your employer, provided you clearly indicate the nature of the link.
• "Download any file posted by another user of the website that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
• "Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of material contained in a file that is uploaded.
• "Restrict or inhibit any other user from using and enjoying the website or its services.
• "Violate any code of conduct or other guidelines which may be applicable for any particular service of the website.
• "Harvest or otherwise collect information about others, including e-mail addresses.
• "Violate any applicable laws or regulations.
• "Create a false identity for the purpose of misleading others.
• "Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the website or its services or other user or usage information or any portion thereof; except — in the case of non-personally identifiable statistics — with the expressed, written permission of the maintainer.
• "Use any website- or Mission.net-related domain name as a pseudonymous return email address for any communications that you transmit from another location or through another service.
• "Transmit unsolicited or bulk communications to any website user or to any website- or Mission.net-related or affiliated email address (regardless of whether you use the website to transmit any such communication).
• "Disrupt the normal flow of dialogue, cause a screen to 'scroll' faster than other users of the website are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges, if such services are enabled.

"Maintainer has no obligation to monitor the postings to the site; however, maintainer reserves the right to review materials posted and to remove and/or edit any materials in his/her sole discretion. Maintainer reserves the right to terminate your access to any or all of the website services at any time, without notice, for any reason whatsoever.

"Maintainer reserves the right at all times to disclose any information as maintainer deems 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, in maintainer's sole discretion.

"Materials Submitted to or Posted to the Website

"Unless otherwise specified, maintainer, Mission.net and its affiliates claim no ownership to materials you submit or post to the website, regardless of content or purpose, and such submissions are deemed by all parties not to be confidential. By posting or submitting information to the website, by any means, you grant maintainer, Mission.net and its affiliates permission to use the submission and your information in connection with operation of the website and/or Mission.net, including, without limitation rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submissions; to publish your name in connection with your Submission; develop, manufacture, and implement products incorporating such ideas, concepts, or techniques, and the right to sublicense such rights to any supplier of the services and/or materials on the website.

"No compensation will be paid with respect to the use of your Submission, as provided herein. Neither maintainer nor Mission.net is under obligation to post or use any Submission you may provide and may remove any Submission at any time in its sole discretion.

"By Posting a Submission in any form you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions with respect to US and International intellectual property laws.

"The content of any material posted to the site is the sole responsibility of the poster; however, as noted above, maintainer retains full rights to use, edit, reformat, delete, etc. any posting.

"Copyright Infringement Notification

"Maintainer and/or Mission.net will, at his/her/their sole discretion:

1. "participate in appropriate dialog to obtain proper permission or license to use of the protected material, or
2. "fully investigate any claim of infringement of intellectual property rights and laws, or
3. "remove the subject of any notice of such infringement, with reference to the individual or entity that provided the subject material.

"For official notification of copyright infringement under 17USC512(c)(2) ('DMCA'):

• "Service provider: [Shaun Anthony] acting as [Texas Houston South Mission] Alumni Website
• "Full address to which notification should be sent:
  [4702 Davis Ave S #HH304
  Renton, WA 98055]
• "Telephone number: [206-384-2493]
• "E-mail contact: click ['Shaun Anthony (Peck)'] next to 'Webmaster' at the top of any page in the website.

1. "A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. "Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a complete or sufficiently representative list of such works.
3. "Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
4. "Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
5. "A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. "A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

"Spam E-mail and Postings

"You agree that website and/or Mission.net would be irreparably harmed by the use, by you or others, of the website or facilities in connection with the transmission of spam newsgroup postings or unsolicited e-mail in violation of these Terms of Use, and that each is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). Maintainer reserves the right to block, filter or delete unsolicited e-mail.

"Indemnity

"You agree to indemnify, defend and hold maintainer, Mission.net, and its subsidiaries, affiliates, officers, agents, co-branders, and partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Submissions, your use of the website, including any use by your employees, your connection to the website, your violation of the Terms of Use, or your violation of any rights of another.

"Severability

"You understand and agree that the failure of maintainer and/or Mission.net to enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms of Use to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. Additionally, the other provisions of the Terms of Use remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect."

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