1. GENERAL RULES AND DEFINITIONS

1.1 If you choose to use theday.com"s web service (the "Service"), you will be agreeing to abide by all of the terms and conditions of this Agreement between you and The Day Publishing Company.

1.2 theday.com may change, add or remove portions of this Agreement at any time.

1.3 YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.

1.4 theday.com may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. theday.com may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

2. theday.com CONTENT

2.1 The contents of theday.com"s Internet service are intended for your personal, noncommercial use. All materials published on theday.com (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright, and owned or controlled by The Day Publishing Company, theday.com or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.

2.2 The Service and its Contents are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.3 of this Agreement), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Service (including software) in whole or in part.

2.3 You may download or copy the Content and other downloadable items displayed on the Service for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from The Day Publishing Company, or the copyright holder identified in the copyright notice contained in the Content.

2.4 Certain Content is furnished by the Associated Press, which will not be liable for any delays, inaccuracies, errors or omissions in any such Content, or in the transmission or delivery of all or any part thereof, or for any damages arising therefrom.

3. FORUMS AND DISCUSSIONS

3.1 You shall not upload to, or distribute or otherwise publish on the message boards (the "Forums") any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.

3.2 The Forums shall be used only in a noncommercial manner. You shall not, without the express approval of theday.com, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.

3.3 You are solely responsible for the content of your messages. However, while theday.com does not and cannot review every message posted by you on the Forums and is not responsible for the content of these messages, theday.com reserves the right to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.

3.4 You acknowledge that any submissions you make to the Service (e.g. Letter to the Editor, Review or Commentary) may be edited, removed, modified, published, transmitted, and displayed by theday.com and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you.

4. ACCESS AND AVAILABILITY OF SERVICE AND LINKS

4.1 theday.com"s web site contains links to other related World Wide Web Internet sites, resources, and sponsors of theday.com. Since theday.com is not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.

5. REPRESENTATIONS AND WARRANTIES

5.1 You represent, warrant and covenant (a) that no materials of any kind submitted through any current of future account(s) will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least eighteen years old. You hereby indemnify, defend and hold harmless The Day Publishing Company and theday.com, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys" fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. theday.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

5.2 Neither The Day Publishing Company nor theday.com represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICE AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.

6. REGISTRATION AND SECURITY

6.1 In the event of any now, or future registration process(es), you will select a password and a subscriber ID. You also have to give us certain registration information, all of which must be accurate and updated. (a) You may not (i) select or use a subscriber ID of another person with the intent to impersonate that person; (ii) use a subscriber ID in which another person has rights without such person"s authorization; or (iii) use a subscriber ID that theday.com, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account. (b) You shall be responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of The Day Publishing Company or theday.com.

6.2 (a) You shall notify webadmin@theday.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.

6.3 You must be 18 years or older to subscribe to the Service; however, persons of all ages may use it. Thus, you may share your password and subscriber ID with others, subject to Section 6.4.

6.4 You are responsible for all usage or activity on your theday.com web account, including use of the account by any third party authorized by you to use your subscriber ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at theday.com"s sole discretion, and The Day Publishing Company may refer you to appropriate law enforcement agencies.

• We do NOT knowingly collect personally identifiable information from children under the age of thirteen. We screen users who wish to provide personal information in order to prevent users under the age of thirteen from providing such information. If we become aware that we have inadvertently received personally-identifiable information from a user under the age of thirteen, we will delete such information from our records. If we change our practices in the future, we will obtain prior, verifiable parental consent before collecting any personally identifiable information from children under the age of thirteen.
  
   
• Because we do not collect any personally identifiable information from children under the age of thirteen, we also do NOT knowingly distribute such information to third parties.
  
   
• We do NOT knowingly allow children under the age of thirteen to publicly post or otherwise distribute personally identifiable contact information.
  
   
• Because we do not collect any personally identifiable information from children under the age of thirteen, we do NOT condition the participation in online activities of a child under thirteen on providing personally identifiable information.

8. FEES AND PAYMENTS

8.1. theday.com reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. However, in no event will you be charged for access to the Service unless we obtain your prior agreement to pay such charges. Thus, if at any time theday.com requires a fee for portions of the Service that are now free (e.g., a domestic subscription fee), theday.com will give you advance notice of such fees and the opportunity to cancel the account before such charges are imposed. All new fees, if any, will be posted in appropriate locations on the Service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Service by theday.com or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Service through your account.

9. COMMUNICATIONS BETWEEN theday.com AND SUBSCRIBERS

9.1 Unless you indicate on your registration form that you do not want to receive such information, theday.com, its owners and assigns, reserve the right to allow certain third party vendors to provide you with information about products and services.

9.2 theday.com reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service.

9.3 theday.com reserves the right to disclose information about your usage and demographics, provided that it will not reveal your personal identity in connection with the disclosure of such information. Advertisers and/or Licensees on our website may collect and share information about you only if you indicate your acceptance. For more information please read the privacy statement of theday.com.

10. SOFTWARE LICENSES

10.1 You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Service ("Access Software"). You may not sublicense, assign or transfer any licenses granted by TCD, and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Access Software.

11. TERMINATION

11.1 You may terminate any of your current and/or future accounts at any time by sending e-mail to: webadmin@theday.com. Upon termination, you will receive an automated confirmation via e-mail that the request was received, and your access will be suspended within 24 hours. You are responsible for all charges incurred up to the time the account is deactivated.

11.2 theday.com may, in its sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach or assignment of this Agreement.

12. MISCELLANEOUS

12.1 This Agreement has been made in and shall be construed and enforced in accordance with Connecticut law. Any action to enforce this agreement shall be brought in the federal or state courts located in New London, CT.

12.2 Notwithstanding any of the foregoing, nothing in this Subscriber Agreement will serve to preempt the promises made in The Day Privacy Notice.

12.3 Official correspondence must be sent via postal mail to:

The Day Publishing Company
Attn: Electronic Publishing Division
47 Eugene O"Neill Drive
New London, CT 06320

12.4 You may report any instance of copyright infringement to copyright@theday.com