Welcome to the NASCAR.COM Community

As a participant in the NASCAR.COM Community experience (the NASCAR.COM Community), we require that you abide by these NASCAR.COM Community Standards, our Site Service Agreement (“Site Terms”), located at http://www.NASCAR.com/guides/terms/ and our Site Privacy Notice, located at http://www.NASCAR.com/guides/about/privacy.html (collectively, the “NASCAR.COM Community Code” or the “Code”). The NASCAR.COM Community Code applies to all areas, services and offerings within the NASCAR.COM Community. Please read it carefully. By using the NASCAR.COM Community you signify your agreement with the Code. If you do not agree with any aspect of the Code, do not use or otherwise participate in the NASCAR.COM Community. NASCAR.COM reserves the right, in its sole discretion, to modify, alter or otherwise update the Code at any time. Changes and/or modifications shall become effective immediately upon the posting on the NASCAR.COM Website (the “Site”). Please review this Code periodically. Your continued use of the NASCAR.COM Community following the posting of changes and/or modifications will constitute your acceptance of the Code. NASCAR.COM reserves the right to terminate your access to the NASCAR.COM Community immediately if you breach or otherwise violate the terms of this Code.

Community Conduct

You agree not to use the NASCAR.COM Community, including the community features and other offerings contained herein, (collectively, the “Service”) in any way that violates the rights of others (including, but not limited to, copyrights and other intellectual property rights, and rights of privacy and publicity), or in any way that may give rise to liability for Turner Sports Interactive, Inc. (“TSI”), The National Association for Stock Car Auto Racing, Inc. (“NASCAR”) (TSI and NASCAR collectively referred to as “NASCAR.COM”) or any of their respective affiliates, or their respective directors, officers, employees, agents, service providers, suppliers or licensors, including, without limitation, by creating, displaying or transmitting on or through the Service any content that may violate such rights of others or that may give rise to such liability.

(a) The following are examples of the types of content or use that are prohibited under the Code:

• Any content or use that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

• Any content or use that harasses or advocates harassment of another person;

• Any use that involves the transmission of “junk mail,” “chain letters,” or unsolicited mass e-mailing or “spamming”;

• Any content that promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

• Any content that infringes upon or violates any third party’s rights (including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, e-mail address, physical address or phone number) or rights of publicity;

• Any content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or video or links to pirated music or video files;

• Any content that contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

• Any content that contains profanity, nudity or pornography;

• Any content that provides material that exploits people in a sexual or violent manner, or solicits personal information;

• Any content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

• Any content that contains video, photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);

• Any content that promotes or solicits involvement in or support of a political party or platform, religion, sect or culture.

• Any content that has its focus on the Confederate Flag, also known as the Confederate Battle Flag, the Confederate Navy Jack, the Rebel Flag or the Stars and Bars.

• Any content or use that tries to gain unauthorized access to the Service, profiles, blogs, chat rooms, communities, account information, bulletins, or other aspects of the Service or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

• Any content or use that engages in commercial activities or sales without NASCAR.COM’s prior written consent such as, without limitation, contest, sweepstakes, barter, sales advertising and pyramid schemes;

• Any content or use that solicits gambling or engages in any gambling or similar activity;

• Any content that contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive creations, components or devices;

• Any content or use that interferes with another user’s use and enjoyment of the Service, or any other individual’s use and enjoyment of similar services; or

• Any content that refers to any website or URL that, in the sole discretion of NASCAR.COM, contains material that is inappropriate for the Service contains content that would be prohibited on the Service, or violates the letter or spirit of the Code.

(b) Any access to, or use of, the Service or the computer systems used to provide the Service that is not in accordance with the express provisions of the Code is expressly unauthorized and prohibited.

(c) You must use the Service in a manner consistent with any and all applicable laws and regulations. Illegal and/or unauthorized uses of the Service are not permitted.

(d) You may not engage in advertising to, or solicitation of, other members through the Service or the Site to buy or sell any products or services. You may not display in your user profile or other submitted content any telephone numbers or street addresses. Although NASCAR.COM cannot monitor the conduct of its members off the Service, in order to protect our members from unwarranted advertising or solicitation, NASCAR.COM reserves the right to restrict the number of messages which a member may send to other members in any 24-hour period to a number which NASCAR.COM deems appropriate in its sole discretion.

(e) Subject to NASCAR.COM’s privacy policy, you understand and agree that NASCAR.COM has the right at all times to disclose the identity of the persons providing information or materials on the Services. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.

(f) Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that NASCAR.COM shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service or the Site.

(g) It is possible that other registered members or users (including unauthorized users, or “hackers”) may post or transmit offensive or obscene materials on the Service and that you may be involuntarily exposed to such offensive and obscene materials. It may also be possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or injure you. NASCAR.COM does not approve of such unauthorized uses but by using the Service you acknowledge and agree that NASCAR.COM is not responsible for the use of any personal information that you disclose on the Service. Please carefully select the type of information that you post or display on the Service.

(h) NASCAR.COM reserves the right, but has no obligation, to monitor communications and any disputes between you and other members, to remove or edit any material that in its sole opinion violates, or is alleged to violate, any applicable law or either the letter or spirit of the Code, or to terminate community privileges in appropriate circumstances. Notwithstanding this right of the Company, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU TRANSMIT IN THE PUBLIC AREAS OF THE SERVICE AND IN YOUR PRIVATE MESSAGES TO OTHER INDIVIDUALS ON THE SERVICE. If you would like to report conduct you believe is in violation of the Code, use the [Report This…] button on the page containing the content that you with to report. Keep in mind that reporting conduct as a violation does not mean it constitutes a violation, or that NASCAR.COM must or will take any action against such conduct or the user engaging in such conduct. In the event NASCAR.COM does take action against any reported conduct, it has no obligation to inform the person or persons reporting such conduct. Finally, it is a violation of the Code to knowingly make a false report against another user, or to use the reporting process to harass or intimidate a user, or to encourage others to do so.

Members and Crew Chiefs

The NASCAR.COM Community is a member-managed community. Members and crew chiefs have certain responsibilities in such a community, primarily those of keeping the community a safe, pleasant place to interact with others. Because this is a community service, and the members are the ones that will attract new members to the community, they have certain special obligations. Crew Chiefs, as community leaders, should set good examples of responsible behavior for the Community, as demonstrated by their own behavior in the NASCAR.COM Community. Each Crew Chief should determine the acceptable content and behavior of their crew, and should encourage adherence to those standards by using the tools at their disposal. These include setting clear rules of acceptable behavior and notifying NASCAR.COM of violations to the Code. Each Crew Chief shall assume responsibility to their Community Crew, by virtue of their own behavior in all NASCAR.COM Community activities. Attempts to sabotage other Crews in any way, shape, or form, shall be considered a breach of their community responsibility. Interference with the operation of any NASCAR.COM Crew, message board, or other service will be considered a NASCAR.COM Community Code violation, and appropriate action may be taken by NASCAR.COM in its sole discretion, including, without limitation, terminating access to the Service. Crew Chiefs should participate in the Chief’s Crew to keep updated on Community news and information. Being designated a Crew Chief or Member does not create any official affiliation, partnership, joint venture, employment or other similar arrangement with NASCAR.COM and as such Crew Chiefs and Members acknowledge that NASCAR.COM has no obligation to them in connection with their participation as such.

Anti-Driver Groups or Sentiments

Negative sentiments expressed towards particular NASCAR drivers are not discouraged in the NASCAR.COM Community. Most NASCAR fans have a favorite driver and one that they dislike. You are free to express your anti-driver sentiments in the Community as long as you conform to the other aspects of acceptable behavior and content in the Code. You may use your Personal page or Crew pages to express your sentiments, but you may not use a driver support page as a target for repeated blogging with anti-driver sentiments, since this will be considered harassment.

User Content

You are responsible for any content, messages, opinions, ideas, photos, images, videos, profiles or other information that you create, transmit or display on or through the Service (collectively, “User Content”). By transmitting or displaying User Content on or through the Service, you grant NASCAR.COM an irrevocable, perpetual, non-exclusive, worldwide right and license to use, reproduce, publicly perform, publicly display, distribute copies and create derivative works of the User Content in any media now known or hereafter devised, and to grant and authorize sublicenses under the foregoing right and license without any compensation to you. You represent and warrant that you own all copyrights and other intellectual property rights in the User Content, or otherwise have the right to grant the foregoing right and license. You agree that NASCAR.COM may review, edit and delete any User Content which, in the sole judgment of NASCAR.COM , violates this Agreement.

Creative Submissions/Communications

NASCAR.COM does not accept or consider creative ideas, suggestions or materials other than those NASCAR.COM has specifically requested. This is to avoid the possibility of future misunderstandings when projects independently developed by NASCAR.COM or its agents might seem to others to be similar to their own creative ideas, suggestions or materials. If you do send us or post any creative materials, including creative suggestions, ideas, notes, drawings, concepts or other information or if you transmit through the Service by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, the “Information”), the Information shall be deemed, and shall remain the property of NASCAR.COM . None of the Information shall be subject to any obligation on the part of NASCAR.COM and NASCAR.COM shall not be liable for any use or disclosure of any Information. NASCAR.COM shall exclusively own any now known or hereafter existing rights to the Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.

Privacy

Use of the Site and/or the Service is governed by our Privacy Notice which can be located at http://www.NASCAR.com/guides/about/privacy.html. Messages sent between you and other registered members that are not readily accessible to the general public may not be considered confidential and will be treated as private by NASCAR.COM only to the extent required by applicable law (if at all).

Limitation of Liability

NASCAR.COM, NASCAR, and their agents are not responsible for any incorrect or inaccurate Content transmitted via the Service, whether caused by users or members or by any of the equipment or programming associated with or utilized in the Service. NASCAR.COM, NASCAR, and their agents are not responsible for the conduct, whether online or offline, of any user of the Service. NASCAR.COM, NASCAR, and their agents assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or member communications. NASCAR.COM, NASCAR, and their agents are not responsible for any problems or technical malfunction of any telephone, cable or broadband lines, computer systems or software, servers or providers, computer equipment, failure of email, instant messaging services, or players on account of technical problems or traffic congestion on the Internet, including injury or damage to users and/or members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will NASCAR.COM, NASCAR, and their agents be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Service, any Content transmitted to members, or any interactions between users of the Service, whether online or offline. NASCAR.COM and its agents cannot guarantee and do not promise any specific results from use of Service. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER NASCAR.COM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE, NOR NASCAR, IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SERVICE, EVEN IF NASCAR.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SERVICE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

U.S. Export Controls

If any software is provided in connection with this Service (the “Software”) it is further subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported into (or to a national or resident of) any country (whether recognized or not) to which the U.S. has embargoed goods; or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Digital Millennium Copyright Act

NASCAR.COM respects the rights of all copyright holders and in this regard, NASCAR.COM has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide NASCAR.COM’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

• Information reasonably sufficient to permit us to contact the complaining party;

• A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For copyright inquiries under the Digital Millennium Copyright Act please contact:

Copyright Agent
One CNN Center
Box 105573
Atlanta, GA 30348
Phone: (404) 878-2276
Fax: (404) 827-1995
Email: copyrightagent@turner.com

For web posting, reprint, transcript or licensing requests for TSI or NASCAR material, please contact licensing.nascar@turner.com. For any questions or requests other than copyright issues or licensing requests, please contact nascar@turner.com.

© 2007 Turner Sports Interactive, Inc./NASCAR, Inc. All Rights Reserved.