1. ACCEPTANCE OF TERMS

The 19thCenturyONLY Service (the "Service") provides a wide variety of tools to educate, research and communicate with others involved in the hobby of collecting 19th century sports items. This includes, but is not limited to the http://www.19thcenturyonly.org Web site and Web site hosted and maintained by eGroups made available at http://www.egroups.com/group/19thCenturyONLY. Our provision of this Service is subject to the following terms and conditions and any rules, guidelines or policies (collectively, "Terms of Service") that may be published from time to time by 19thCenturyONLY and/or its subsidiaries, parent, affiliates, officers, directors, employees, agents, etc. (collectively, "19thCenturyONLY"). We may update any or all of the Terms of Service from time to time without notice. Please read them carefully. You understand that the Service is provided "AS-IS" and that 19thCenturyONLY assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any member or group communication.

2. USER REGISTRATION, PASSWORD AND SECURITY

As a condition of using the Service, you agree to: (a) provide true, accurate, current and complete information about yourself (the "Registration Data") when prompted;
(b) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or 19thCenturyONLY has reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete, 19thCenturyONLY has the right to suspend or terminate your account, and refuse any and all current or future use of the Service. You will receive a password and account designation upon completing the Registration Form. You are responsible for maintaining the confidentiality of that password. You understand that any Content (as defined in Section 3 below) disseminated through the 19thCenturyONLY service may be viewed through the 19thCenturyONLY web site or an affiliated web site such as eGroups. 19thCenturyONLY keeps passwords confidential and does its best to make sure that such privacy is achieved, however there is no guarantee that this information will be kept confidential. You agree to notify 19thCenturyONLY immediately of any unauthorized use of your password or account or any unauthorized use of any group created under your account.

3. MEMBER CONDUCT

You understand that all information, data, text, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, not 19thCenturyONLY, are entirely responsible for all Content that you upload, post, email or otherwise transmit using the Service. 19thCenturyONLY does not control the Content posted using the Service and as, such does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstance will 19thCenturyONLY be liable in any way for any Content, including, but not limited to, 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 uploaded, posted, emailed or otherwise transmitted or hosted using the Service.

You acknowledge that 19thCenturyONLY does not at all times pre-screen Content, but that 19thCenturyONLY shall have the right (but not the obligation) to refuse or move or delete any Content that is made available using the Service, including without limitation any Content that violates the Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all rights and obligations associated with, the use of any Content, including reliance on the accuracy, completeness or usefulness of such Content. You also acknowledge and agree that 19thCenturyONLY may preserve or remove Content and may disclose Content, including information about your account or your use of the Service, to any third party if required to do so by law or in the good faith belief that such preservation, removal or disclosure is necessary to:

(a) comply with legal process;
(b) enforce the Terms of Service;
(c) respond to claims that any Content violated the rights of third parties; or
(d) protect the rights, property, or personal safety of 19thCenturyONLY, its members or the public.

By way of example, and not as a limitation, you agree that 19thCenturyONLY may remove Content or terminate your account or any account created by you, without notice, if 19thCenturyONLY believes, in its sole discretion, that you, directly or indirectly, are engaged in any of the following activities:

(a) uploading, posting, emailing or otherwise transmitting any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harming minors in any way;
(c) impersonating any person or entity, including, but not limited to, an 19thCenturyONLY employee, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
(d) creating false, misleading or duplicative addresses for group members in order to disguise the destination of any Content transmitted through the Service;
(e) forging headers or otherwise manipulating identifiers in order to disguise the origin of any Content transmitted through the Service;
(f) adopting of names and addresses for the purpose of cybersquatting;
(g) uploading, posting, emailing or otherwise transmitting 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);
(h) uploading, posting, emailing or otherwise transmitting any Content that infringes any patent, trademark, trade secret, copyright, publicity or other proprietary right ("Rights") of any party;
(i) uploading, posting, emailing or otherwise transmitting any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of such solicitation;
(j) uploading, posting, emailing or otherwise transmitting any material 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;
(k) interfering with or disrupting the Service or servers or networks connected to the Service, or disobeying any requirements, procedures, policies or regulations of networks connected to the Service;
(l) intentionally or unintentionally violating any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
(m) "stalking" or otherwise harassing another;
(n) harvesting or otherwise collecting information about others, including email addresses, without their consent.

4. TERMINATION

You agree that 19thCenturyONLY, in its sole discretion, may terminate your account, your password, your use of the Service, and remove and discard any Content within the Service, for any reason, including without limitation, for lack of use or if 19thCenturyONLY believes that you or any member of your group have violated or acted inconsistently with the letter or spirit of the Terms of Service. 19thCenturyONLY may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of access to the Service under any provision of the Terms of Service may be effected without notice, and acknowledge and agree that 19thCenturyONLY may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that 19thCenturyONLY shall not be liable to you or any third party for any termination of access to the Service.

5. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, the Service, use of the Service or access to the Service.

6. PRACTICES REGARDING USE AND STORAGE OF DATA

19thCenturyONLY may from time to time establish general practices and limits concerning the use of the Service, including the maximum number of days that messages. postings or other Content may be retained on the Service and maximum and minimum levels of activity. You agree that 19thCenturyONLY has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted through the Service. You acknowledge that 19thCenturyONLY reserves the right to terminate accounts that are inactive for an extended period of time. You acknowledge and agree that 19thCenturyONLY reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

7. INDEMNIFICATION

You agree to indemnify, defend and hold harmless 19thCenturyONLY from any loss, liability, claim, demand, damage, or expenses (including reasonable attorney's fees) asserted by any third party due to or arising from or in connection with:

(a) the Content you upload, submit, post, or transmit through the Service;
(b) your use of the Service;
(c) your connection to the Service;
(d) your violation of the Terms of Service, or
(e) your violation of the rights of another. 19thCenturyONLY reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.

8. MODIFICATIONS TO SERVICE

19thCenturyONLY reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that 19thCenturyONLY shall not be liable to you or any third party for any modification to or discontinuance of the Service.

9. CONTENT POSTED ON THE SERVICE

You agree that upon posting any material on the Service or by e-mail correspondence, you grant 19thCenturyONLY, and its successors and assigns, a non-exclusive worldwide, royalty free, perpetual, non-revocable license under your copyrights or other intellectual property rights, if any, in such material to distribute, display, and reproduce such material in whole or in part through any means. You also grant 19thCenturyONLY the right to authorize the downloading and printing in whole or in part of any material that you have posted to a group on the Service, by members for their personal use. You agree to take whatever action necessary to protect your own intellectual property rights in such Content, including without limitation the posting of appropriate copyright notices.

10. 19THCENTURYONLY'S PROPRIETARY RIGHTS

You acknowledge and agree that Content, including but not limited to text, software, music, sound, photographs, graphics, video, page layout and design or other material contained in the Service or information presented through the Service by 19thCenturyONLY or 19thCenturyONLY' advertisers is protected by their copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that 19thCenturyONLY can display images and text throughout the Service, including the insertion of sponsor messages into messages distributed on 19thCenturyONLY mailing lists. Content received through the Service may be displayed, reformatted, and printed by you for your personal, non-commercial use only. You agree not to modify, copy, reproduce, republish, upload, post, transmit, sell or distribute in any way Content available through the Service, including code and software.

11. EXTERNAL LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites and resources. You acknowledge and agree that 19thCenturyONLY is not responsible for the availability of these outside resources, and does not endorse and is not responsible for any Content, advertising, products or other material on or available from such sites or resources. You further acknowledge and agree that 19thCenturyONLY shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by use of or reliance on any such Content, goods or services available on or through any such sites or resources.

12. DEALINGS WITH ADVERTISERS AND OTHER THIRD PARTIES

Your correspondence or business dealings with, or participation in promotions of, advertisers or other third parties found on or through the Service, including payment and delivery of related goods or services, and other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that 19thCenturyONLY shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

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

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. 19THCENTURYONLY 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 NONINFRINGEMENT.

19THCENTURYONLY MAKES NO WARRANTY THAT

(A) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE,
(C) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE,
(D) ANY ERRORS IN THE SERVICE WILL BE CORRECTED OR
(E) THIS SERVICE OR THE CONTENT RETRIEVED THROUGH IT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

19THCENTURYONLY MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES OR THE DELIVERY OF ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM MAILING LISTS OR ADVERTISED THROUGH ITS SPONSORS OR MAILING LISTS, OR REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH SUCH LISTS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS RECEIVED AT YOUR OWN RISK AND YOU WILL BE RESPONSIBLE FOR ANY DAMAGES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 19THCENTURYONLY OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL 19THCENTURYONLY 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 19THCENTURYONLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM

(A) THE USE OR THE INABILITY TO USE THE SERVICE FOR ANY REASON;
(B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES;
(C) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(E) STATEMENTS, CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; OR
(F) ANY OTHER MATTER RELATING TO THE SERVICE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT 19THCENTURYONLY IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY AND PUBLICITY RIGHTS. IF YOU ARE DISSATISFIED WITH THE SERVICE, THE MATERIALS AVAILABLE ON OR THROUGH THE SERVICE, OR WITH ANY OF THE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

14. NOTICE

Notices may be provided to you by email or regular mail. The Service may also provide indirect notice of changes to the Terms of Service or other matters by displaying notices or links to notices to you generally on the Service.

15. TRADEMARKS

19thCenturyONLY, the 19thCenturyONLY logo are trademarks of 19thCenturyONLY. You agree that you will not, without prior written permission, display or use in any manner these trademarks.

16. COPYRIGHTS AND COPYRIGHT AGENTS

19thCenturyONLY respects the intellectual property of others and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide 19thCenturyONLY' 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 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 site;
(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 penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
(g) 19thCenturyONLY' Copyright Agent for notice of claims of copyright infringement can be reached at the following address:

By email: copyright@19thcenturyonly.org

17. MISCELLANEOUS

The Terms of Service constitute the entire agreement between you and 19thCenturyONLY and govern your use of the Service, superseding any prior agreements between you and 19thCenturyONLY. The Terms of Service and the relationship between you and 19thCenturyONLY shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of law provisions. You and 19thCenturyONLY agree to submit to the personal and exclusive jurisdiction of the courts located in the county of Manhattan. The failure of 19thCenturyONLY to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, then such provision(s) shall be construed, as nearly as possible, to reflect the parties' intentions, and the other provisions of the Terms of Service shall remain in full force and effect. You agree that 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 to the Terms of Service 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 Service are for convenience only and have no legal or contractual effect or significance.

18. VIOLATIONS