Scariano, Himes and Petrarca A T T O R N E Y S AT LAW

CHARTERED

Two PRUDENTIAL PLAZA, SUITE 3100 180 NORTHS ~ S O NCHICAGO, ILLINOIS60601-6714 312.565.000O 800.820.3101 312.565.3100 FACSIMILE

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CHICAGO HEIGHTS, ILLINOIS60411-3489 1450 ABERDEEN 708.755.1900 FACSIMILE 708.755.0000 800.820.1901

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ILLINOIS60085 209 W. MADISONWAUKEGAN, 847.662.6813 847.662.5800 FACSIMILE WWW.EDLAWYER.COM

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John E. Fester Chicago Office - Ext. 239 [email protected]

March 20,2009

Via Fax and Email Pauomaoniles-hs.k 12.il.u~ Mr. Paul O'Malley Asst. Superintendent for Business Services Niles Township Community High S.D. 2 19 7700 Gross Point Road Skokie, IL 60077 Re:

Website Advertising

Dear Mr. O'Malley: I am writing to you regarding your question of whether the Illinois Century Network Agreement, by which the District has secured access to the Internet, would allow the District to host advertising content on the District's website. My initial interpretation of the Agreement was that there was nothing in the Agreement that would prohibit the District from hosting advertising on its website. Out of an abundance of caution and without identifying the District, I contacted Robin Woodsome at ICN and he confirmed that the District is not prohibited by the Agreement from hosting website advertising. His primary concern was that the District not allow third parties access to the ICN. If you intend to move forward with hosting advertising on the District's website, I am recommending that you develop a policy regarding the types of advertising you will permit so the advertising content remains appropriate for a high school website. Furthermore, I am recommending we develop an agreement that all advertisers will have to sign prior to have their content posted on your website. This agreement would address issues of price, terms, copyright, indemnification of the District, etc. Finally, in my research into this question, I found that few districts are doing this yet, but that Deerfield District 109 hosts advertising on their website (www.dpsl09.org) under the designation "Community Partners". We will begin work on the policy and advertiser agreement and keep you informed of our progress.

Scariano, Himes and Petrarca A T T O R N E Y S AT LAW

Mr. Paul O'Malley March 20,2009 Page 2 If you have any questions or concerns, please do not hesitate to contact me. Very truly yours, SCARIANO, HIMES AhTD PETRARCA, CHTD.

JOHN E. FESTER JEFIernm cc: Anthony G. Scariano, Esq. g:\wp5 l\common\sd2\sd2 19c\Itr\ornalley032009pm.docx

CHARTERED

Scariano, Himes and Petrarca

Via Fax and Email. Pauomaoniles-hs.k 12.il.u~. Mr. Paul O'Malley. Asst. Superintendent for Business Services. Niles Township Community High S.D. 2 19. 7700 Gross Point Road. Skokie, IL ... the Agreement was that there was nothing in the Agreement that would prohibit the District from hosting advertising on its website.

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