3:37 p.m. EST, November 17, 2010

Table of Contents

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All material and information displayed, transmitted or carried on www.herald-mail.com (the "Site") including, but not limited to, directories, guides, news articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video clips, trademarks, service marks and the like in all currently available and future formats (collectively the "Content") is protected by copyright and other intellectual property laws. No Content may be reproduced, modified, transmitted, distributed, shared, displayed, published, linked or broadcast without the prior written permission of The Herald-Mail Company ("Herald-Mail"). The Herald-Mail, its affiliates or third party licensors, owns the Content.

You may not copy, frame, cache, modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, archive, display, or in any way commercially exploit any of the Content or infringe upon trademarks or service marks contained in the Content. You agree to abide by all copyright notices and restrictions attached to any Content accessed through the Site, not to alter the Content in any way, and not to alter or remove any trademark, copyright or any other notice from copies of the Content.

Permitted Personal Use

You may make a single copy of the Content displayed on the Herald-Mail Web site for personal, non-commercial use only, provided that you do not remove any trademarks, copyright and any other notice contained in such content. With the exception of that copy, you shall not archive or retain any Content in any form without the written permission from Herald-Mail. You may not distribute (including via email or the Internet), or otherwise make available, copies of any Content to others, whether or not for payment or other consideration, without the written permission from Herald-Mail, except through the use of the "email story" service provided by Herald-Mail for any news story posted on the Site.

Permissions Request

Permission may be given at our discretion to allow other Web sites to post a direct link to stories found on the Site. You may submit requests in writing for permission to retain, distribute or reproduce Content to:

Library—Permissions Dept.
Herald-Mail
P.O. Box 439
100 Summit Avenue
Hagerstown, MD 21741
email: lesas@herald-mail.com

Copyright Complaints

Herald-Mail respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on the Site, please contact us at: Copyright Agent, P.O. Box 439, 100 Summit Avenue, Hagerstown, MD 21741, or by email at copyrightnotice@herald-mail.com.

General Disclaimer, Limitation of Liability and Indemnification

The Site contains facts, views, opinions, statements and recommendations of third-party individuals and organizations. The Herald-Mail does not represent or endorse the accuracy, timeliness or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Site. You acknowledge that any reliance upon any such use of this Site, opinion, advice, statement or information shall be at your sole risk. The Herald-Mail makes no representation that the Content is appropriate or available for use outside of the U.S. Access to the Site from territories outside the U.S. where the Content is prohibited or illegal is hereby expressly prohibited.

If you access this Site from outside of the U.S., you are responsible for compliance with all applicable laws. As a user of this Site in any manner, you agree to indemnify and hold harmless Herald-Mail from any and all claims and damages arising from or relating to any allegation regarding your use of this Site, Herald-Mail's use of any Content or information you provide to the Site, and any violation of the terms and policies on this Site by you or those acting as your agent.

While Herald-Mail uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. Herald-Mail does not represent or warrant that use of any Content will not infringe rights of third parties. The Site has no responsibility for actions of third parties or for content provided or posted by others.

Use of the site is at your own risk. All content is provided "as is" and "as available". Neither Herald-Mail nor any of its affiliated or related companies, nor any of the employees, agents, content providers or licensors of them, makes any representation or warranty of any kind regarding the site, the content, any advertising material, information, products or services available on or through the Site, and/or the results that may be obtained from use of the site or such content or services. All express or implied warranties, including without limitation warranties of merchantability and fitness for a particular purpose, warranties against infringement, and warranties the site will meet your requirements, be uninterrupted, timely, secure or error-free, are specifically disclaimed. The site and its affiliates are not responsible or liable for content posted by third parties, actions of any third party, or for any damage to, or virus that may infect, your computer equipment or other property. In no event shall the Site or its affiliates, employees, agents, content providers or licensors be liable for any indirect, consequential, special, incidental or punitive damages including, without limitation, damages related to unauthorized access to or alteration of your transmissions or data, the content or any errors or omissions in the content, even if advised of the possibility of such damages. In no event shall the Site or its affiliates, employees, agents, content providers or licensors be liable for any amount for direct damages in excess of $100.

You agree to indemnify, defend and hold harmless, Herald-Mail, its affiliated companies, and each of their respective partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors and agents, from any and all claims (including, but not limited to, claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys' fees and court costs) arising from or relating to any allegation regarding: (1) your use of the Site; (2) the Site's use of any content or information you provide, as long as such use is not inconsistent with these terms and conditions of use; (3) information or material posted or transmitted through your account on the Site, even if not posted by you; and (4) any violation of these terms and conditions of use by you.

Real Estate Advertising

All real estate advertised on the Site is subject to the Federal Fair Housing Act, which makes it illegal to advertise any preference, limitations, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation or discrimination.

State law may also forbid discrimination based on these factors and others. We do not screen real estate advertisements posted on the Site for compliance with the Federal Fair Housing Act. It is incumbent upon each person posting any such advertisement to comply with these terms and conditions, as well as all applicable law.

Recruitment Advertising

All employers are prohibited from structuring their job advertisement in such a way as to indicate that any group of people is excluded from consideration for employment on one of the bases enumerated in Section 703 of Title VII of the Civil Rights Act of 1964, i.e. race, sex, religion, age or national origin. We do not screen employment advertisements posted on the Site for compliance with the Civil Rights Act. It is incumbent upon each employer posting any such advertisement to comply with these terms and conditions, as well as all applicable law.

Governing Law

The policies herein and the use of this Site are governed by Maryland law. Any claim related to the Site or policies of the Herald-Mail shall be brought in a federal or state court in Hagerstown, Maryland, within one year after the claim arises. You agree no such claim may be brought as a class action. Users of this Site consent to the jurisdiction and venue of such court as the most convenient and appropriate for the resolution of disputes concerning this Site and all related policies. The Herald-Mail is controlled, operated and administered entirely within the United States. If you are located outside the United States, please note the information you provide to us will be transferred to the United States. You hereby consent to this transfer.

User-Provided Information and Content

By providing information to, communicating with, and/or placing material on the Site, including for example communication during registration, communication on any Herald-Mail bulletin board, message or chat area, posting any resume or other content, placing any classified advertisement, entering any sweepstakes, etc., you represent and warrant: (1) you own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in these Terms and Conditions of Use; (2) all information you provide is true, accurate, current and complete, and does not violate these Terms and Conditions of Use; and, (3) the Content you provide will not cause injury to any person or entity. Using a name other than your own legal name is prohibited (except in those specific areas of the Site that specifically ask for unique, fictitious names (e.g., certain message boards and chat rooms).

For any Content you provide to the Site, you grant Herald-Mail, its affiliates and related entities, including the Site, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such Content, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize Herald-Mail to share the information across all its affiliated Web sites, to include the information in a searchable format accessible by users of the Site and affiliated web sites, and to use your name and any other information in connection with its use of the material you provide. You also grant Herald-Mail the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to Herald-Mail and/or the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.

Please note neither Herald-Mail nor the Site accepts unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its Content or programming in any media to materials or ideas transmitted to the Site. Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against the Site and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.

E-Commerce Transactions on the Site

During your visit to the Site you may elect to engage in a transaction involving the purchase of a product or service such as a newspaper subscription, a print or online advertisement or other tangible goods and services. To serve you most efficiently, credit card transactions and order fulfillment are often handled by a third party processing agent, bank or distribution institution. While in most cases transactions are completed without difficulty, there is no such thing as "perfect security" on the Internet or offline. If you're concerned about online credit card safety, in most cases a telephone number will be made available so you can call us and place your order by phone. The Site cannot take responsibility for the success or security of transactions undertaken or processed by third parties. On occasion, a product or service may not be available at the time or the price as it appears in an advertisement. In such event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of publication, or error in pricing or product information received from our advertisers or suppliers, you agree the Site is not responsible for such errors or discrepancies.

Third-Party Communications Through the Site

Your dealings or communications through The Site with any party other than Herald-Mail are solely between you and that third party. For example, certain areas of the Site may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will The Site be liable for any goods, services, resources or content available through such third-party dealings or communications, or for any harm related thereto. Please review carefully that third party's policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials provided by third parties should be forwarded directly to the third party. During your visit to the Site you may link to, or view as part of a frame, certain content that is actually created or hosted by a third party. You may be introduced to, or be able to access, information, web sites, advertisements, features, contests or sweepstakes offered by other parties. Herald-Mail is not responsible for the actions or policies of such third parties. You should check the applicable terms of service and privacy policies of those third parties when providing information on such a feature or page.

Privacy Policy

General

The Herald-Mail Company ("Company") strives to offer visitors to its website (the "Site") the many advantages of Internet technology and to provide an interactive and personalized experience. In order to do so, we may obtain certain personal information from you. The purpose of this privacy policy ("Privacy Policy") is to inform you about the types of information we gather about you when you visit the Site, how we may use that information, and the choices you have regarding our use of that information. This Privacy Policy supplements and is incorporated as a part of Company's Terms of Use. Throughout this Privacy Policy, "we" or "our" refers to Company, and "you" or "your" refers to the person or entity who accesses or uses this Site or its content (the "User"). This Privacy Policy applies solely to information collected at the Site.

Collection and Use of Information from Users

We collect information on our Users in various ways, including by your voluntary submissions, through surveys, contests, sweepstakes and other promotions and through "cookie" (as explained below) and other tracking technology. The information we collect is used in a variety of ways including, but not limited to: fulfilling and providing services requested by you; improving the Site and our services; notifying you about updates to the Site and our services; and/or informing about products, services and promotions in which you may have interest. With your authorization or as otherwise permitted under this Privacy Policy, we may also share the information you provide with third parties.

Personally Identifiable Information

Personally Identifiable Information refers to information that tells us specifically who you are, such as your name, phone number, e-mail, postal address or credit card information, and possibly information relating to certain support or customer service issues ("Personally Identifiable Information"). You generally do not need to provide us with Personally Identifiable Information to use this Site or to obtain information from most of the features on the Site.

In some cases, however, you may be asked to provide Personally Identifiable Information in order to access certain pages of this Site, to use or subscribe to certain online services on this Site or other products or to allow us to provide you with certain personalized or enhanced services that you have requested. How we collect and store information depends on the page you are visiting, the activities in which you elect to participate and the services provided. As noted, you can visit many pages on our Site without providing any Personally Identifiable Information. Other pages may prompt you to provide Personally Identifiable Information.

If you do not want to provide us with any Personally Identifiable Information, you can always decide not to use such services or access such pages on the Site. The choice is yours.

Please remember that if you post any Personally Identifiable Information in public areas of the Site, such as on bulletin boards or chat rooms, such information may be collected and used by other Users over whom Company has no control. Company is not responsible for the use made by third parties of any information you post or otherwise make available in public areas of the Site.

Aggregate Information

From time to time, we may collect general, non-personal, statistical information about the use of the Site, such as how many visitors visit a specific page on the Site, how long they stay on that page, and which hyperlinks, if any, they click on. This information represents a generic overview of our Users' collective viewing habits and allows us and other third parties to modify information, promotions, offers and/or discounts on products and services based on user traffic and behavior. We collect this information through the use of technologies such as "cookies", which are discussed in greater detail in this Privacy Policy. We collect this information in order to determine which areas of the Site are most popular and to enhance the Site for visitors. We may also group this information into aggregate visitor data in order to describe the use of the Site to our existing or potential business partners or other third parties, or in response to a government request. From time to time, we may use this information to optimize third-party offers of products and/or services. We also may share aggregated demographic and preference data with third parties to enable the provision of targeted information, promotions, offers and/or discounts on products and services. However, please be assured that this aggregate data will in no way personally identify you or any other visitors of the Site.

Cookies and Other Tracking Technologies

Like most websites, this Site also may collect information automatically and through the use of electronic tools that may be transparent to Users. For example, Company may automatically collect non-personally identifiable information and data through the use of "cookies". Cookies are small text files a website uses to recognize repeat Users, facilitate the User's ongoing access to the website and facilitate the use of the website. Cookies also allow a website to track usage behavior and compile site usage information that will allow for the improvement of content and target advertising. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set your browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser. However, please be aware that some features of our Site may not function or may be slower if you refuse cookies. You may occasionally get cookies from our advertisers or other third parties with links on the Site as described below. We do not control these cookies. The use of advertising cookies sent by third party ad servers is standard in the Internet industry.

Tracking technologies may record information such as Internet domain and host names; Internet protocol (IP) addresses; browser software and operating system types; clickstream patterns; and dates and times that our Site is accessed. An IP address is a number that is automatically assigned to your computer whenever you are surfing the web. Web servers, the computers that "serve up" webpages, automatically identify your computer by its IP address. We may link the information we record using tracking technologies to Personally Identifiable Information we collect at the Site for our own and our marketing partners' marketing and advertising purposes. In addition, we reserve the right to use IP addresses and other tracking technologies to identify a visitor when we feel it is necessary to enforce compliance with our Terms of Use, to protect our Site, our customers or others, or when we believe in good faith that the law requires it.

The Site may also use technology called "tracer tags". These may also be referred to as "Clear GIFs" or "Web Beacons". This technology allows us to understand which pages you visit on the Site. These tracer tags are used to help us optimize and tailor our Site for you and other Users of our Site.

We also use third-party advertising companies to serve ads when you visit our Site. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here.

Disclosures and Transfers of Information

We do not disclose Personally Identifiable Information to third parties, except when one or more of the following conditions is true:

  1. You have authorized us to provide such information, including, but not limited to, "opting-in" to a particular service, program or promotion;
  2. The disclosure is permitted by relevant law;
  3. The disclosure is reasonably related to the sale or other disposition of all or part of our business or assets;
  4. The Personally Identifiable Information to be disclosed is publicly available;
  5. The party to whom the disclosure is made controls, is controlled by, or is under common control with Company;
  6. The disclosure is reasonably necessary for the establishment or maintenance of legal claims; or
  7. The disclosure is to persons or entities for whom we are providing services, provided the disclosure is consistent with the purpose for which the personal information was obtained.

As a Service to Others

We may provide your Personally Identifiable Information to third parties for their marketing and/or advertising purposes, but only if you have authorized us to do so by "opting-in" to a particular marketing or advertising service, program or promotion. Users of our Site are given the opportunity to affirmatively consent (opt in) to the disclosure of Personally Identifiable Information to a third party or to the use of such information for a purpose other than the purpose for which it was originally collected or subsequently authorized by the User. We do this to ensure that our Users can make an informed choice as to whether or not they want to share their information with such outside parties. We will provide individuals with a reasonable mechanism to exercise their choices.

If you have at some point authorized us to share such information about you with others and later properly notify us that you no longer want us to share your information (as discussed below), we will cease sharing your information. However, except as otherwise stated in this Privacy Policy, we do not control the third parties with whom we share such information and you will need to further notify such third parties if you would like them to cease use of your information.

Notwithstanding the foregoing, we reserve the right to send you certain non-promotional communications to fulfill pending or ongoing services requested by you, relating to the Site (such as service announcements), e-mail related to purchases you have made or information you have submitted, or similar administrative or transactional messages.

Our Service Providers

We may sometimes use other businesses to perform certain services for us, such as hosting or maintaining our Site, storing your information, processing orders or subscriptions, or providing marketing assistance and data analysis. We may provide Personally Identifiable Information to service providers when that information is necessary for them to complete a requested transaction or otherwise perform their duties. Company will take reasonable steps to ensure that these service providers are notified of their obligations to reasonably protect Personally Identifiable Information on Company's behalf.

Business Transfers

As we continue to develop our business, we may buy other businesses or their assets or sell some or all of our business assets. Personally Identifiable Information and other customer information is generally one of the business assets involved in such transactions. Thus, in the event that Company or all of its assets are acquired, such information may be one of the transferred assets.

Protection of Company and Others

Company fully cooperates with law enforcement agencies in identifying those who use our services for illegal activities, and may in its sole discretion disclose Personally Identifiable Information or other information to satisfy any law, regulation, subpoena, or government request or in connection with litigation. Company reserves the right to release Personally Identifiable Information or other information about Users who we believe are engaged in illegal activities or are otherwise in violation of our Terms of Use, even without a subpoena, warrant or court order, if we believe in our sole discretion that such disclosure is necessary or appropriate to comply with any laws, to operate the Site, or to protect the rights or property of Company, its affiliates, or any of their officers, directors, or employees, agents, third party content providers, suppliers, sponsors, or licensors. Company also reserves the right to report to law enforcement agencies any activities we reasonably believe in our sole discretion to be unlawful.

Data Security and Integrity

We take reasonable precautions to protect the privacy, accuracy and reliability of any information you provide and to protect such information from loss, misuse, unauthorized access, disclosure, alteration and destruction. The Personally Identifiable Information you provide and we collect is stored within databases that we control directly or through our service providers. As we deem appropriate, we use security measures consistent with industry standards, such as firewalls and encryption technology, to protect your information. However, since no security system is impenetrable, we cannot guarantee the security of our databases, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet. As a result, you transmit any information to or from the Site at your own risk.

If you create an account on this Site, you may be asked to choose a password for your account, in which case your online account information shall be protected by your password. We recommend that you do not disclose your password to any other person. You are responsible for maintaining the confidentiality of your password and Site account and are fully responsible for all activities that occur under your password or Site account. You can access and update information in your account profile at any time by logging in to the website with your login name and password. Once you have logged in, you can update certain of your information such as your name, e-mail, password, and/or change your address.

Accessing and Deleting Personally Identifiable Information; Opt-Out

If you have submitted Personally Identifiable Information through the Site and you would like access to such information, please send an e-mail to webmaster@herald-mail.com. We will use reasonable efforts to supply you with this information and to correct any factual inaccuracies that you identify. Please also contact us at webmaster@herald-mail.com if you do not want us to disclose your Personally Identifiable Information to third parties or you want us to delete your Personally Identifiable Information from our databases. Keep in mind, however, that there may be residual information within our databases, access logs and other records, which may or may not contain such information. The residual information will not be used for commercial purposes; however, we reserve the right, from time to time, to re-contact former Users of this Site.

Affiliated Sites, Linked Sites and Advertisements

Company expects its partners, advertisers and third-party affiliates to respect the privacy of our Users. However, third parties, including our partners, advertisers, affiliates and other content providers accessible through our Site, may have their own privacy and data collection policies and practices. For example, during your visit to our Site you may link to, or view as part of an Company page, certain content that is actually created or hosted by a third party. Also, you may be introduced to, or be able to access, information, websites or advertisement features offered by other parties through the Site. Company is not responsible for the actions or policies of such third parties. You should check the applicable privacy policies of those third parties when providing information on a feature or page operated by a third party.

Please be careful and responsible whenever you are online. Should you choose to voluntarily disclose Personally Identifiable Information on our Site, such as completing an online form request or e-mail link, that information can be viewed publicly and can be collected and used by third parties without our knowledge and may result in unsolicited messages from other individuals or third parties. Such activities are beyond the control of Company and this Privacy Policy.

Children

We understand and share your concerns regarding your children's access to Internet and the Internet's access to your children. Consistent with the Children's Online Privacy Protection Act of 1998 (COPPA), we do not knowingly request or accept Personally Identifiable Information submitted to the Site by any visitor under 13 years of age. If we become aware that an individual under age 13 has provided information to Company through the Site, we will not use or disclose that individual's information for any purpose unless required to do so by law.

Right to Change Policy

Company reserves the right, at its sole discretion, to alter this Privacy Policy at any time without prior notice to any User, including to comply with privacy laws, regulations and/or our own or industry standards or otherwise. We encourage you to review this Privacy Policy each time you visit our Site. Your use of our Site at any time, including after any change to this Privacy Policy, indicates your acceptance of this Privacy Policy and the Terms of Use, and any change made to this Privacy Policy or such Terms of Use.

Applicable Law

This Privacy Policy shall be governed by the laws of the State of Maryland, United States of America, without regard to conflicts of law principles. Any action relating to this Privacy Policy must be filed and maintained in a state or federal court located in Washington County, State of Maryland, United States of America, and each User consents to exclusive jurisdiction and venue in such courts for such purpose.

SBDS02 401502v2

Miscellaneous

Herald-Mail reserves the right to change these Terms and Conditions of Use at any time in its discretion. Your continued use of the Site after the posting of any amended Terms and Conditions of Use shall constitute your agreement to be bound by any such changes. Your use of the Site prior to the time these Terms and Conditions of Use was posted will be governed according to the Terms and Conditions of Use that applied at the time of your use.

Contacting Us

For copyright and privacy related questions, we can be reached by contacting:

Lesa Selders, Librarian
Herald-Mail
P.O. Box 439
100 Summit Avenue
Hagerstown, MD 21741
Phone: 301-733-5131
Email: lesas@herald-mail.com