The Michigan Education Association (the "MEA") has the ability and desire to provide Web server space to its members and local associations. The MEA offers storage and transfer services over the Internet through limited, individualized access to a Web server. Individual MEA members or local associations as identified below (collectively hereinafter referred to as the "User") seek to utilize this MEA service for their own purposes.

In consideration of the mutual agreements contained herein, the parties agree to the following:

1. The parties acknowledge that the Internet is neither owned nor controlled by one entity; therefore, no guarantee can be made that the User will be able to access MEA's server at any given time. The MEA shall make every good faith effort to ensure that the server is available as widely as possible and with as little service interruption as possible.

2. The MEA shall not be responsible for technical, legal or content support of the User's Web site.

3. The server space allocated to the User is initially limited to 20 MB. The User must submit an e-mail request to mea-it@mea.org for more space as needed. The MEA reserves the right to deny requests for reasons including but not limited to server or bandwidth constraints.

4. The User shall assume full responsibility as to the accuracy, completeness and usefulness of all advice, services and other information contained on its Website.

5. The MEA shall not be held liable for any legal damages, taxes or fees of any nature associated with the User's use of site. If the User wishes to purchase a Domain Name or market material, these services must be performed by the User, paid for by the User and hosted independently of the MEA's server.

6. The User shall be responsible for posting all content to the server, without any involvement from the MEA. The MEA makes no assurances that its system will be compatible with the content and data developed by the User. The MEA will make no changes to it's server nor will it store data on it's server to assure functionality of the User's Web pages - this includes but is not limited to server-side scripts and databases. The MEA will make no effort to validate User information for content, correctness or usability.

7. The MEA shall exercise no control whatsoever over the content of the information posted on the network except for the prohibitions contained in paragraph 14 and the Policies and Procedures related to claims of copyright infringement as set forth in paragraph 15 and Schedule A attached to this Agreement.

8. THE USER ASSUMES TOTAL RESPONSIBILITY AND RISK FOR ITS USE OF THE SERVICE. THE MEA AND THIRD PARTIES WHO CONTRIBUTE TO THE SERVICE ARE NOT RESPONSIBLE FOR ANY LOSS, DAMAGE OR COST (INCLUDING CONSEQUENTIAL OR INCIDENTAL DAMAGES) THE USER MAY INCUR RELATED TO ITS USE OR INABILITY TO USE THE SERVICE. THE MEA AND THIRD PARTIES WHO CONTRIBUTE TO THE SERVICE MAKE NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE), REPRESENTATIONS, OR ENDORSEMENTS REGARDING THE SERVICE, SOFTWARE OR ANY THIRD PARTY MATERIAL AVAILABLE THROUGH THE SERVICE. FURTHERMORE, THE SERVICE AND SOFTWARE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS-THE MEA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

9. The User shall be responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access the MEA server. The MEA makes no assurances that the User's equipment will be compatible with the MEA service.

10. Either the MEA or the User may terminate this Agreement by giving the other party ten (10) days' written notice of its desire to terminate this Agreement. In the event of termination of this Agreement while the MEA is providing web hosting services to the User under the terms of this Agreement and the transfer of the User's Website requires a change in the User's domain name, immediately upon the date that the User's Website is no longer publicly accessible on the MEA's network or system and for a period of at least one (1) month thereafter, the MEA shall maintain the User's Website URL, and at such URL, provide one page (including a hypertext link) that the User may use to direct its users to its new Website or some other URL of the User's choosing.

11. The MEA shall not charge any additional dues or fees to the User for this service.

12. The User agrees that the MEA does not screen content as a matter of policy, but, the MEA shall have the right but not the responsibility (other than as provided under paragraph 15 of this Agreement) to remove content which is deemed in violation of this Agreement.

13. The User shall hold the MEA harmless from any liability for legal damages, taxes, fees, or any other claims that may arise from the User's use of the User's Web pages or the Internet which would include, but would not be limited to, any violation of intellectual property laws or any other violations outlined under paragraph 14.

14. The User understands, acknowledges and agrees that the following conduct is prohibited in connection with use of the MEA's server:

(a) The posting or transmission of any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law;

(b) The intentional posting or transmission of any data, information or software which contains a virus, worm or other harmful components;

(c) Any conduct which would be in violation of any copyright or any other intellectual property laws which includes, but would not be limited to, the uploading, posting, publishing, transmission, reproduction or distribution in any way, information, software, or other materials obtained through the services which is protected by copyright or other proprietary right or derivative works, without obtaining permission of the copyright or intellectual property owner;

(d) Using MEA provided web space to operate, promote or advance the User's for-profit business or commercial enterprises or concerns, or for purposes related to such enterprises or concerns;

(e) The sale, lease, assignment, or other transfer of any nature whatsoever, of MEA provided web space to any person or entity other than the User without the MEA's express written consent;

(f) The posting of any content deemed by the MEA, in its sole discretion, to be contrary or derogatory to the views, beliefs and goals of the MEA and its affiliates. This includes but, without limitation, the posting of political advertising, endorsements, editorials, or policy positions contrary to those approved or adopted by the MEA governing bodies, or other blatantly anti-union or anti-MEA material; and

(g) The User representing him/her/itself as an authorized spokesperson for the MEA.

If the User violates any of the rules and prohibitions set forth in the subparts of this paragraph, the MEA reserves the right, in its sole discretion, to either (1) remove content deemed in violation of theses rules and prohibitions, and/or (2) immediately terminate this Agreement and the User's web space.

15. The MEA shall appoint a designated agent (the "Designated Agent") to receive notification of a claim for copyright infringement of material which has been posted on a Web site on the MEA's system or network and counter notices to such alleged infringement. The contact information for the current Designated Agent is set forth below and shall be posted on the Web server and recorded with the Copyright Office. The MEA shall inform the User of any change to the contact information set forth below by posting the same on the Web server and recording any amended information with the Copyright Office. The Policies and Procedures that must be followed for the MEA to consider a copyright infringement claim are attached to this Agreement as Schedule A and are also posted on the Web server. The MEA may change these Policies and Procedures from time to time and any such changes will be indicated and posted on the Web server.

Service Provider

Michigan Education Association
1216 Kendale Blvd.
P.O. Box 2573
East Lansing, MI 48826-2573

Designated Agent

Margaret Trimer-Hartley
Director of Communications
Phone: (517) 337-5508
Fax No.: (517) 337-5414
E-mail address: MTrimer@mea.org

16. This Agreement and any MEA policies or procedures which relate to the subject matter hereof, including, but not limited to, policies related to termination of Internet access to repeat infringers of intellectual property laws, which may be adopted and amended from time to time by the MEA, shall constitute the entire understanding of the parties. Any changes or modifications to this Agreement must be in writing and signed by both parties.

17. This Agreement shall be governed and construed in accordance with the laws of the State of Michigan.

18. If a court of competent jurisdiction declares any provision of this Agreement void or invalid, the remaining provisions of this Agreement shall remain in full force and effect.

19. The waiver by either party of a breach of this Agreement shall not operate or be interpreted as a waiver of any other or subsequent breach.

20. The User understands, acknowledges and agrees that this Agreement becomes effective and binding upon the parties when it is (1) executed by both parties, or (2) when the MEA receives a completed on-line registration for access to and space on the MEA's web server. The MEA reserves the right to audit Users to confirm membership in or affiliation with the MEA, to immediately remove materials posted on its web server by non-members or non-affiliates, and to deny access and space on its web server to such persons or entities.

This Agreement is by and between the MEA at the mailing address 1216 Kendale Blvd., P.O. Box 2573, East Lansing, MI 48826-2573 and the User set forth below:

_______________________________
(Individual member's or local association's name)

_______________________________
(Individual member's or local association's address)

An authorized representative of the parties to this Agreement have executed this Agreement as of the date indicated below.

User:

_______________________________
(Individual member's or local association's name)

By: _______________________________
(Individual member's or local association's authorized representative's signature)

___________________
(Date)

MEA:

Michigan Education Association

By: _______________________________
(Its authorized representative's signature)

___________________
(Date)

SCHEDULE A

MEA COPYRIGHT INFRINGEMENT POLICIES AND PROCEDURES

1. WHERE A COMPLAINING PARTY MUST FORWARD A CLAIM OF COPYRIGHT INFRINGEMENT. If a party (the "Complaining Party") wishes to notify the MEA regarding a claim of copyright infringement regarding content posted to an MEA serviced or hosted website, the Complaining Party must notify the MEA of such claim of copyright infringement at:

Service Provider

Michigan Education Association
1216 Kendale Blvd.
P.O. Box 2573
East Lansing, MI 48826-2573

Designated Agent

Margaret Trimer-Hartley
Director of Communications
Phone: (517) 337-5508
Fax No.: (517) 337-5414
E-mail address: MTrimer@mea.org

2. CONTENTS OF NOTICE OF CLAIMED INFRINGEMENT. To be valid, a Complaining Party's notice to the MEA of a claim of copyright infringement must:

(a) Identify the copyrighted work(s) claimed to have been infringed;

(b) Identify the material claimed to have been infringed or to be the subject of infringing activity;

(c) Request that the material be removed or access to the same be disabled;

(d) Contain the information sufficient to permit the MEA's Designated Agent to locate the material or content at issue;

(e) Contain information reasonably sufficient to permit the MEA's Designated Agent to contact the Complaining Party such as an address, telephone number and, if available, an electronic mailing address at which the Complaining Party may be contacted;

(f) Contain a statement that the Complaining Party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law;

(g) Contain a statement that the information in the notice is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the copyright owner of the material which has been allegedly infringed upon; and

(h) Contain a physical or electronic signature of the Complaining Party or its authorized agent.

3. MEA'S ACTION IN RESPONSE TO COMPLAINING PARTY'S NOTICE. Upon the MEA's receipt of a Complaining Party's valid written notice of a claim of copyright infringement pursuant to paragraphs 1 and 2 above, the MEA will:

(a) Remove or disable access to the material or content that is claimed to be infringing; and

(b) Take reasonable steps to notify the alleged infringer (the "User").that is has removed or disabled access to the allegedly infringing material on or linked to the User's Website.

4. CONTENTS OF USER'S COUNTER NOTIFICATION. A User may provide the MEA's Designated Agent with a written counter notice in response to the Complaining Party's valid notice of a claim of copyright infringement in a manner provided in paragraph 1 above. To be valid, the User's counter notice must:

(a) Identify the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

(b) Contain a statement under penalty of perjury that the User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material removed or disabled;

(c) Contain the User's name, address, telephone number and a statement that the User consents to the jurisdiction of the Federal District Court for which the User's address is located and the User shall accept service of process from the Complaining Party or its authorized agent; and

(d) Contain a physical or electronic signature of the User or their authorized agent.

5. MEA'S ACTION IN RESPONSE TO USER'S COUNTER NOTIFICATION. Upon the MEA's Designated Agent's receipt of a User's valid counter notice pursuant to paragraphs 1 and 4 above, the MEA's Designated Agent will:

(a) Promptly forward to the Complaining Party a copy of the counter notice at issue; and

(b) Inform the Complaining Party that it will replace the removed material and cease the disabling access of the same in not less than ten (10), nor more than fourteen (14), business days following the receipt of the counter notice from the User unless the MEA's Designated Agent first receives notice from the Complaining Party or its authorized agent that such person has filed an action seeking a court order to restrain the User from engaging in infringing activity relating to the material on MEA's system or network.

6. REPEAT INFRINGERS. It is the MEA's policy to terminate a User's account, in appropriate circumstances and at the MEA's sole discretion, which is a repeat infringer of copyrighted works, trademarks or any other intellectual property.