Account Terms

I. The Service is not intended for children under 13. By using the Service, you are representing that you are at least 18, or that you are at least 13 years old and have your parents' permission to use the Service.

II. The Company can refuse registration or cancel an account in its sole discretion at any time.

III. You are responsible for using the Service in a private and secure manner. The Company is not liable for any damage or loss due to unauthorized account access resulting from your actions, such as sharing your account password or not logging out of the Service.

IV. You may not register accounts with unauthorized automated methods ("bots").

V. You may not use the Service for any illegal activity or to violate laws in your jurisdiction.

VI. You may not use the Service to distribute unsolicited email ("spam") or malicious content such as viruses or worms.

VII. You may not exploit the Service to access unauthorized information.

Payment, Refunds, Upgrading and Downgrading Terms

I. Payments for paid packages will be made in full by the Account Holder, prior to service launch to users.

II. The Service is billed in advance of the school year term, e.g. Fall 2009 to Spring 2010, on an annual basis and is non-refundable. There will be no refunds or credits for a partial year of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

III. An invoice will be sent to the account holder 60 days prior to the annual subscription renewal date. Account Holder has no legal obligation to renew.

IV. Upgrading your service, by adding additional feature packages, can be done at anytime. There is no pro-rating of upgrade packages.

V. Downgrading your Service may cause the loss of features or capacity of your Account. The Company does not accept any liability for such loss.

User Conduct and Submissions

Plain language explanation of intent for students: Red Rover is designed to help your education by introducing you to people like you at your school. If those people choose to attach blogs or other online services to their Red Rover profile, you will get to see those as well. Think how cool it would be to read the blog of a successful senior in you major to see what you can learn from them. That’s what Red Rover is intended to facilitate.

Eventually, when you are ready, you will be able to use the system to connect with anyone, anywhere, around your interests. This will help you find mentors while you are focused on your education and a job when you want to focus on your career.

We want to help you build a powerful network to achieve whatever you want. To make this work, you need to be public, or findable, by your interests. This is why we say “show folks your best self.” Red Rover isn’t Facebook, it’s not for hanging with friends and trading pictures of the weekend. Red Rover is designed to help you meet new people who you can learn from or learn with.

You can attach your blog, or any other online service you use, to your profile. This will help you share your work with others and get feedback. It’s a great way to learn. Your blog posts will flow through Red Rover and be delivered to people that will find them interesting. You will always control your own content. So, if you wrote a blog that you later decided you didn’t want in public, you would go to your own blog and make that post private. We don’t store your content, so you have complete control.

To make this work, legally, we have to say all the stuff below because we will be distributing your content to people like you, in the same way we will be delivering their content to you. The whole goal of the site is to share, connect, learn and grow.

Plain language explanation of intent for schools: The legal terms below protect the school, as the “Account Holder” as well. They are designed to let the school freely facilitate the creation of learning groups around similar content interests. If a student wants to opt out of this system, they can always limit their keywords or remove their blog content. The goal of course, is to create a culture of sharing, as this will create the best learning environment, as well as setting the student up for success when they graduate.

The most important thing is that the student controls their own content. If the school chooses not to renew a Red Rover service agreement for any reason, students’ content will not be effected (it will still be in Facebook, on their blog, Flickr profile, etc.).

Now to the Legal:

I. Red Rover will never sell user contact information to anyone.

II. Any remarks, ideas, graphics, videos, writing, photographs, or other information communicated to the Account Holder or company either through direct input, or through linking to, (collectively, "Content") the Service in a Hosted Area, belong to the person who posted such content. Red Rover claims no ownership or control over any content submitted, posted, linked, or displayed by you on or through the Red Rover service. All copyrights will be maintained by the originator of the work. You may use any Content posted by you in any other way without restriction. You may only use Content posted by others in the ways described in these Terms of Service.

III. By inputting directly or linking content to Red Rover, you give the Company and the party who owns the Hosted Area in which you post or link your Content (the "Account Holder") a non-exclusive, free, worldwide license, for the duration of active link, to distribute your Content via digital networks, including links, RSS feeds, and email newsletters. In the event of a link being removed or made private by you, the Company will make all reasonable efforts to ensure your links are removed from the Red Rover distribution network. Neither the Account holder nor the company have the right to print or directly sell your content without additional express permission from you, the content owner and copyright holder. Except as described in our Privacy Policy, neither the Company nor any Account Holder will be required to treat any Content as confidential.

IV. The submission or linking of your Content on the Service is entirely voluntary, non-confidential, gratuitous, and non-committal. You understand that the Account Holder may be working on the same or similar Content, that it may already know of such Content from other sources, that it may simply wish to develop this (or a similar Content) on its own or it may have taken/will take some other action.

V. The Company has the right, but not the obligation, to remove Content that it determines in its sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, that violates any party's intellectual property, or that is detrimental to the quality or intended spirit of the the Service. The Company also has the right, but not the obligation, to limit or revoke the use privileges of account of anyone who posts such Content.

VI. Examples of unacceptable Content or behavior on the Service include:

• abuse, harassment, threats, flaming or intimidation of any person or organization
• engaging in or contributing to any illegal activity or activity that violates others' rights
• use of derogatory, discriminatory or excessively graphic language
• providing information that is false, misleading or inaccurate
• hacking or modifying the Company Service or another Web site to falsely imply an association with the Company
• implying or pretending to be affiliated with a company or organization with which you are not affiliated, or misrepresenting the extent of your affiliation or role with an affiliated company or organization
• transmitting worms, viruses or harmful software
• sending spam
• disclosing personal or proprietary information of another user, person or organization

VII. The Company cannot control all Content posted by third parties to the Service, and 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 you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will the Company be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You understand that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content. If you would like to report objectionable materials, you may use the "Flag for review" feature on any topic or reply. Urgent issues can be reported to support@redroverhq.com.

Account Holder Terms

I. Compliance with Laws. Account Holder will not, will not agree to, and will not authorize or encourage any third party to (a) interfere or attempt to interfere with the proper working of the Service or any other Account Holder’s use of the Service, including through abuse of server capacity; or (b) use the Service for any fraudulent or unlawful purpose.

II. Representations and Warranties. Without limiting any other representation, warranty or covenant herein, each party hereby represents and warrants to the other party that: (a) it has the full right, power and authority to enter into this Agreement; (b) this Agreement is a valid and binding obligation of such party; and (c) it has obtained and shall maintain throughout the term of this Agreement all necessary licenses, authorizations, approvals and consents to enter into and perform its obligations hereunder in compliance with all applicable laws, rules and regulations.

III. Domain Name. Account Holder further represents and warrants that its chosen domain name as hosted on the Service (for example, "youredu.redroverhq.com") does not infringe the copyright, trademark, or any other intellectual property rights of any third party, and that such domain name is otherwise in compliance with these Terms of Service. Red Rover reserves the right, in its sole discretion, to relocate an Account Holder's Hosted Area to an alternate domain name on the Service if Red Rover has reason to believe Account Holder's chosen domain name is in violation of this section.

IV. Indemnification For All Account Holders and Users Excluding University of Wisconsin System Schools (Account Holders) and Users. Each party agrees to defend, indemnify and hold the other party and its affiliates harmless from and against any third-party claim and any related losses, costs, liabilities and expenses, including reasonable attorneys’ fees, arising out of the breach of any representations, warranties or covenants made by such party herein, or out of such party’s negligence or willful misconduct. Each party (the “Indemnified Party”) reserves the right, at the other party’s expense, to assume the exclusive defense and control of any matter for which the other party is required to indemnify the Indemnified Party and the other party agrees to cooperate with the Indemnified Party’s defense of such claims.

V. Indemnification For University of Wisconsin System Schools (Account Holders) and Users. The Board of Regents of the University of Wisconsin System agrees to provide liability protection for its officers, employees and agents while acting within the scope of their employment. The Board of Regents further agrees to hold harmless the Company, its officers, agents and employees from any and all liability, including claims, demands, losses, costs, damages, and expenses of every kind and description (including death), or damages to persons or property arising out of or in connection with or occurring during the course of this agreement where such liability is founded upon or grows out of the acts or omissions of any of the officers, employees or agents of the University of Wisconsin System while acting within the scope of their employment where protection is afforded by ss. 893.82 and 895.46(1), Wis. Stats. The Company agrees to hold harmless the Account Holder, its officers, agents and employees from any and all liability, including claims, demands,

losses, costs, damages, and expenses of every kind and description (including death), or damages to persons or property arising out of or in connection with or occurring during the course of this agreement where such liability is founded upon or grows out of the acts or omissions of any of the officers, employees or agents of the Company while acting within the scope of their employment.

VI. Red Rover Warranties; Disclaimers. Red Rover hereby represent and warrants that neither the Service nor use of the Red Rover Platform as contemplated herein will infringe on the rights of any third parties or violate any applicable laws or regulations, including, without limitation copyright, trademark and patent laws. UNLESS EXPRESSLY SET FORTH IN THIS AGREEMENT, Red Rover MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATION ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. Red Rover DOES NOT WARRANT THE RESULTS OF USE OF THE SERVICE, AND ACCOUNT HOLDER ASSUMES ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO.

VII.Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SYSTEM FAILURE OR NETWORK OUTAGE, WILL EITHER PARTY OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM THIS AGREEMENT, EVEN IF SUCH PARTY OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR THE INDEMNITY OBLIGATIONS SET FORTH HEREIN, IN NO EVENT WILL EITHER PARTY’S OR ITS AFFILIATES’ TOTAL LIABILITY TO THE OTHER PARTY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT (WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS PAID BY ACCOUNT HOLDER TO RED ROVER HEREUNDER.

VIII.Ownership; Licenses.

1. Customer Data. As between the parties, Account Holder shall retain all right, title and interest in and to all any remarks, ideas, graphics, photographs, or other information communicated to Account Holder by its customers (collectively, “Content”) via the Service. Account Holder’s customers are granted a license to use their posted Content in any way that does not violate the General Website Terms (as defined below). Red Rover is granted a revocable, worldwide, royalty-free, non-exclusive license to use and reproduce the Content solely for the purposes of implementing and maintaining the Service and fulfilling its obligations hereunder.
2. 1. Account Holder Data. As between the parties, Account Holder shall retain all right, title and interest in and to all documents, messages, graphics, logos,
   2. images, files, data and other information transmitted through the Service by Account Holder (collectively, the “Account Holder Data”), provided, however, that Account Holder hereby grants to Red Rover a worldwide, royalty-free, fully sublicenseable, non-exclusive license to use the Account Holder Data solely for the purposes of implementing and maintaining the Service and fulfilling its obligations hereunder. Notwithstanding the foregoing, “Account Holder Data” does not include non-identifiable aggregate data and usage statistics compiled by Red Rover in connection with Account Holder’s use of the Service, which data and statistics each party may use in its discretion (but which Red Rover may not disclose to any third party in a manner that identifies Account Holder in connection therewith), and which Red Rover shall make available to Account Holder on an ongoing basis during the term hereof.
3. Red Rover Platform. Red Rover shall own and retain all right, title, and interest in and to its web-based platform (the “Red Rover Platform”) , provided, however, that Red Rover hereby grants to Account Holder a worldwide, non-exclusive license to use the Red Rover Platform and related software and API as contemplated herein. Account Holder agrees not to copy, alter, modify, or create derivative works of the Red Rover Platform or otherwise use the Service in any way that violates the use restrictions contained in this Agreement. Except as otherwise expressly set forth herein, Red Rover does not grant to Account Holder any license, express or implied, to the intellectual property of Red Rover or its licensors.

IX. Single Sign-On. In some cases, Account Holder’s customers may be able to access the Red Rover Platform via a single sign-on that is located on Account Holder’s website. In such case, Account Holder shall maintain a terms of use and/or privacy policy informing its customers that in using third party sites, they will be subject to (and thus should consult) such third party site’s terms of service and privacy policy.