NAAAP ONLINE
TERMS OF AGREEMENT (TOA)

Upon establishing membership which includes setting up a member name, password and successful registration, member understands that membership is not transferable to any other person or entity. Member is entirely responsible for all activities under member’s account, including all passwords and for assuring compliance with the terms set forth in this TOA and will be subject to all consequences and liabilities incurred under member’s account. Protection of one’s password lies solely in the hands of the member.

Member also assures that information provided during registration is complete and honest.

Member agrees not to assume the name of anyone else unless it is his own as well, or a name that violates intellectual property rights of another, or a member name that may be deemed offensive by NAAAP ONLINE. NAAAP ONLINE reserves the right to cancel any member name that is deemed offensive.

NAAAP ONLINE reserves the right to change, discontinue or interrupt any aspect or feature of NAAAP ONLINE including but not limited to content, hours of availability and equipment needed for access or use. NAAAP ONLINE also reserves the right though not limited to, to assess fees and charges for use (though at this moment at time, membership fees are determined by your local chapter and access to NAAAP ONLINE is inclusive).

Member is responsible for all equipment necessary to access NAAAP ONLINE and the maintenance thereof, such equipment may be though not limited to, telephone access, computer hardware, internet access and any other associated equipment and all charges related thereto.

Member Conduct (A) The use of NAAAP ONLINE by member shall be for lawful purposes only. Member will not post through NAAAP ONLINE any material that infringes on the rights of others; that are obscene, vulgar, threatening, abusive, demeaning, defamatory, indecent or objectionable as deemed by NAAAP ONLINE. Nor will member post material that is invasive of privacy or publicity rights. Member will not use NAAAP ONLINE to conduct unlawful endeavors that would create civil liability or otherwise violate any law. Any member’s conduct that is deemed restrictive to others or prohibiting their enjoyment will not be tolerated and may lead to termination of their account.

Member may not post material containing advertisements or solicitations of any kind through NAAAP ONLINE without prior authorization by NAAAP ONLINE. No member will encourage others to become members of other services that directly competes with NAAAP ONLINE.

NAAAP ONLINE contains copyrighted material which may include but not limited to proprietary software, text, graphics, images, video, sound, music and the overall look and feel of the interface which are governed by current and future copyright laws as prescribed by the United Stated copyright laws. Modification of such material is strictly prohibited as is the transmission, publishing, and sale thereof. Copyrighted material may not, in whole or part be altered or exploited in any manner or fashion. Member may download such copyrighted material for personal use only. Such downloaded material may not be recopied, redistributed, republished or commercially exploited except where allowed under United States copyright law or without the express written consent of NAAAP ONLINE and copyright holder. When and if such permission is granted, such material will not be altered in any way, in whole or part, or where such use will divert from the original intention of the copyrighted material. Public domain material may be used personally by the member or for non-commercial redistribution. Member also recognizes that the download of any copyrighted material does not constitute a transfer of ownership from the copyright holder to the member.

Member agrees not to upload material that would violate any copyright laws, specifically material that belongs to a third party and under copyright protection. Member will not violate copyright, trademark or other proprietary rights of other copyright holders. Proving that such material is not under copyright protection lies solely on the member. The foregoing does not apply to public domain material though all responsibility and liability for doing so lies solely on the member and member will hold NAAAP ONLINE harmless in any claims of copyright infringement. Also, member agrees to allow NAAAP ONLINE to edit, copy, publish and distribute any and all material uploaded to NAAAP ONLINE by member. Also in conjunction with the foregoing, member grants NAAAP ONLINE the automatic, irrevocable and perpetual non-exclusive right to use such material, in whole or in part, on a royalty-free basis for any medium in current existence or developed in the future.

NAAAP ONLINE does not guarantee the accuracy of content posted by other members and it is the member’s responsibility to pursue and verify the validity of any member posted contact at the source. NAAAP ONLINE does not pre-screen content however NAAAP ONLINE will reserve the right but not the responsibility to delete content deemed inappropriate or invalid.

Such foregoing provisions will also protect any affiliates with NAAAP ONLINE, all subsidiaries, any third party content providers and licensors and each may assert their own copyright infringement policies on their own behalf.

NAAAP ONLINE reserves the right but not the responsibility to monitor any and all chats, newsgroups and other public forums for quality and adherence to provisions set out in the TOA.

Member also acknowledges that NAAAP ONLINE is made accessible on a worldwide basis and in doing so, laws applicable of the respective countries including the provisions set out in this TOA and laws of the United States of America apply where applicable and necessary.

Member recognizes that NAAAP ONLINE is made accessible through the internet and in turn through other services such as on-line services. Member consequently recognizes that NAAAP ONLINE is independent of the service that provides you access to NAAAP ONLINE. Member also acknowledges that NAAAP ONLINE is not responsible for any other sites or WWW pages operated by other entities other than NAAAP ONLINE and that a hyperlink from NAAAP ONLINE to another site operated by another entity does not constitute any sort of guarantee, validation, assurance or accreditation by NAAAP ONLINE and that conduct will be governed by the guidelines set up by that respective site operator.

USE OF NAAAP ONLINE IS SOLELY AT THE MEMBER’S OWN RISK AND PERIL. NEITHER NAAAP ONLINE, ITS AFFILIATES, ANY ENTITY CREATED BY NAAAP ONLINE OR CREATED IN CONJUNCTION WITH ANOTHER ENTITY, THEIR RESPECTIVE EMPLOYEES, AGENTS, ANY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR IS WARRANTY MADE AS TO THE ACCURACY, RELIABILITY, VALIDITY OF THE CONTENT OR EFFECTS FROM USE OR THE MERCHANTIBILITY, FITNESS, SOUNDNESS OR GUARANTY OF ANY MERCHANDISE WHICH MAY BE ACQUIRED THROUGH NAAAP ONLINE.

NAAAP ONLINE IS PROVIDED TO THE MEMBER ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES EITHER EXPRESSED OR IMPLIED. THIS ALSO INCLUDES WARRANTIES MADE UNDER MERCHANDISE ACQUIRED THROUGH NAAAP ONLINE OTHER THAN THOSE WARRANTIES WHICH CANNOT BE EXCLUDED, MODIFIED OR RESTRICTED UNDER FEDERAL AND STATE LAW OF THE UNITED STATES OF AMERICA.

NAAAP ONLINE DISCLAIMS LIABILITY OF ALL DAMAGES OR INJURY CREATED BY PERFORMANCE FAILURE, TECHNICAL ERROR BEYOND NAAAP ONLINE’S EFFECTIVE CONTROL, ERRORS, INTERRUPTION, OMISSIONS AND DELETIONS, INCOMPLETE TRANSFERS OR DOWNLOADS, TRANSMITTED VIRUSES, COMMUNICATION LINE FAILURE, UNAUTHORIZED ACCESS TO MEMBER ACCOUNT, UNAUTHORIZED ACCESS TO, TAMPERING, DAMAGING OF RECORD, WHETHER FOR MALICIOUS INTENT TO DO HARM, OR VIA NEGLIGENCE, OR THROUGH ANY OTHER ACTION. MEMBER ALSO ACKNOWLEDGES THAT NAAAP ONLINE DOES NOT WARRANT THUS HOLD HARMLESS FOR ANY OFFENSIVE, DEROGATORY, MATERIAL WHICH MAY APPEAR AND ANY ILLEGAL CONDUCT WHICH MAY TAKE PLACE ON NAAAP ONLINE AND THAT INJURY OR DAMAGE RESTS SOLELY ON THE MEMBER.

NAAAP ONLINE AND ALL RESPECTIVE AFFILIATED ENTITIES IN PROVIDING CONTENT OF IN ASSISTANCE WITH THE CREATION OF THE CONTENT WILL NOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE NAAAP ONLINE OR IN CASES OF BREACH OF CONTRACT OF THIS TOA OR WITH ANY WARRANTIES AND NAAAP ONLINE INC’S SOLE REMEDY AND LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW AS GOVERNED BY THOSE STATES THAT DO NOT PROVIDE EXCLUSIONS OR LIMITATION OF WARRANTIES. MEMBER RECOGNIZES NAAAP ONLINE WILL BE HELD HARMLESS IN ALL AREAS OF CONTENT OFFERED BY NAAAP ONLINE.

NAAAP ONLINE does not warrant any of the claims or validity of sponsors or advertisers that may appear throughout NAAAP ONLINE. Member understands that claims made by sponsors or advertisers are their own and in no way does NAAAP ONLINE provide any warranty in any form or manner for such ads.

Member agrees to defend, indemnify and hold harmless NAAAP ONLINE and any entity created by NAAAP ONLINE and in association with another entity; respective affiliates and their employees and agents from and all claims, expenses including but not limited to attorney fees brought against them through the use of NAAAP ONLINE.

Either the member or NAAAP ONLINE may terminate membership at any time it sees fit. In addition, provided that no limitation is set on the foregoing, NAAAP ONLINE may exercise the right to terminate any member’s online account (not necessarily membership) if so doing coincides with the determination at the sole discretion of NAAAP ONLINE that such conduct of the member is in violation of the provisions set forth in this TOA. Such incidents to determine termination are described above. If member decides to terminate his/her account, such action may be done by sending notice to NAAAP ONLINE at which time, all responsibility to member will be automatically dissolved. All transactions in progress will not be safeguarded or guaranteed in any way by NAAAP ONLINE. Upon termination, no refunds will be granted to any and all fees.

NAAAP ONLINE reserves copyright, trademark protection as well as restrictions on the following: NAAAP's Web, NAAAP Access, NAAAP's Net and NAAAP ONLINE; and NAAAP ONLINE. All logos represented are also the property of NAAAP ONLINE Copyright (c) 2000, 2001 All rights reserved. All other trademarks appearing through NAAAP ONLINE are the property of their respective owners.

Member recognizes NAAAP ONLINE is not liable or responsible for the accuracy or validity of any third party entity appearing on NAAAP ONLINE. Any advice, opinion, suggestions, services, offers, promotions or other information are provided by such third entity and NOT by NAAAP ONLINE and any warranties implied directly or indirectly lies solely between the third party and the member. NAAAP ONLINE does not endorse any opinions appearing on NAAAP ONLINE nor is NAAAP ONLINE responsible for the accuracy, usefulness, validity, reliability or merchantability thereof except in cases authorized by a NAAAP ONLINE employee or spokespersons or in similar capacities acting with the full knowledge and assurance of the NAAAP ONLINE. Losses incurred through the use of NAAAP ONLINE is solely the responsibility of the member and member will hold NAAAP ONLINE harmless in such incidents. It is the responsibility of the member to seek out and assess the validity, accuracy, completeness, authenticity and usefulness of any content appearing on NAAAP ONLINE.

All member information gathered by NAAAP ONLINE will not be sold or distributed to third parties without member consent. Privacy of member information will be safeguarded except in cases where the action of law forces NAAAP ONLINE to reveal information on a specific or group of individual(s). Also, NAAAP ONLINE does not own the membership data it collects through its site. All membership data belongs exclusively to each respective chapter where the member has elected to join and upon demand, NAAAP ONLINE will surrender such data in a secure fashion to the respective NAAAP Chapter. Upon surrender of such data, such data will be deleted from the NAAAP ONLINE database and those affected members will no longer have access to NAAAP ONLINE and its resources. In the event of insolvency or any event that renders NAAAP ONLINE unable to carry on, membership data will be surrendered to the current President of each participating NAAAP chapter and upon successful receipt of such data, that data will be deleted from NAAAP ONLINE's database.

All access to member information will be restricted to NAAAP ONLINE and their respective participating chapters.

Member recognizes the precedence of this TOA. However, should any part of this TOA be held invalid, unenforceable, that specific portion will be construed consistent with applicable law as nearly as possible to the original intentions of the provision with the remaining portions held intact and in full force and effect as provided by law. The provisions of the TOA will be governed by the laws of the Commonwealth of Massachusetts, and member will submit to the exclusive jurisdiction and laws of the courts of the Commonwealth of Massachusetts.