AOL Inc.s Terms of Service Agreement 1. Terms of Service Agreement and Rules of the Road. The America Online service ("AOL") is provided by America Online Inc. ("America Online," "AOL Inc." or "we") to you ("Member" or "you"), subject to the terms of this Agreement and AOL Inc.s operating policy, which is incorporated herein and referred to as the "Rules of the Road" or "ROR" and shall be collectively referred to as "TOS." (The TOS may be accessed using KEYWORD TOS.) The TOS comprises the entire agreement between AOL Inc. and you, and supersedes any prior agreements between you and AOL Inc. with respect to the subject matter of the TOS; provided, however, that you shall be subject to any additional terms and conditions which you are notified of and which may apply when using third party content, software or services. AOL Inc. may revise the TOS at any time, and such revision shall be effective thirty (30) days upon posting the revised TOS in the Terms of Service section of the Member Services Area (KEYWORD TOS), which will include notice of the date of the last TOS modification ("Notice"). You agree to review the TOS periodically to be aware of such revisions. If any such revision is unacceptable to you, you may terminate your membership as provided in Section 9 below. Your continued use of AOL following notice of any such revision to the TOS shall be conclusively deemed acceptance of all such revisions. 2. Account Info. YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN YEARS OLD. By registering as a Member, you will receive a password and a master account ("Master Account"). You are entirely liable for all activities conducted through your Master Account and any sub-accounts or screen-names under your Master Account ("Sub-Accounts"). (A Member may permit another individual, including a minor, to use the Members Account or Sub-Accounts subject to Member supervision and with assumption of all resulting liabilities.) You agree to provide AOL Inc. with accurate, complete, and updated registration information, and failure to do so shall constitute a breach of this Agreement and unauthorized access to AOL, and may result in immediate termination of your account and subject you to civil and/or criminal liability. You may not select or use a screen name of another person (unless its also your name), or a name in violation of the intellectual property rights of any person other than you, or a screen name that AOL Inc. deems offensive. 3. Charges. Current rates and surcharges for using AOL may be obtained by calling AOL Inc.s Customer Service at 800-827-6364 or by selecting "Billing" under "Member Services" (KEYWORD: BILLING). AOL Inc.s billing practices are explained under "Explain Billing Terms." AOL Inc. reserves the right to change its fees and billing methods at any time effective thirty (30) days after Notice. If any such change is unacceptable to you, you may terminate your Membership as provided in Section 9 below. Your continued use of AOL following any such change shall be deemed acceptance of such change. Your monthly membership fee is payable in advance and is not refundable in whole or part. You are responsible for all charges associated with connecting to AOL. Depending on your particular location, the nearest access number may or may not be a local phone call. You should confirm that such access number is a local call with your phone company. Members accessing AOL from outside the 48 contiguous United States may be assessed communication surcharges on your AOL bill, which apply even if you are using your trial hours. You are responsible for all activities and charges under your Master Account and Sub-account(s), including any unauthorized charges to your account. Each time you use AOL you agree and reaffirm that AOL Inc. is authorized, as applicable, to charge your designated card or withdraw funds via electronic funds transfer from your checking account. You agree that if you want to see the detailed components of accumulated charges you may do so by using KEYWORD: BILLING. 4. Rights and Responsibilities. (a) Content You acknowledge that (i) AOL contains information, communications, software, photos, video, graphics, music, sounds and other material and services (collectively, "Content"), and (ii) such Content is generally provided under license by independent content providers ("ICPs") and other AOL subscribers. Each Member and any user of Members Master Account must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Content. AOL Inc. does not pre-screen Content as a matter of policy, but AOL Inc. and ICPs shall have the right, but not the responsibility, to remove Content which is deemed in their discretion harmful, offensive, or otherwise in violation of the TOS. (b) Rights. You acknowledge that (i) AOL permits access to Content that is protected by copyrights, trademarks, and other proprietary (including intellectual property) rights ("Rights"), and (ii) that these Rights are valid and protected in all media existing now or later developed and (iii) except as is explicitly provided otherwise, your use of Content shall be governed by applicable copyright and other intellectual property laws. (See ROR for details.) You agree that you may upload to the software files, message boards or otherwise transmit on or through AOL only Content that is not subject to any Rights, or Content in which any holder of Rights has given express authorization for distribution on AOL. Unless specified otherwise in your upload, , by submitting Content to any "Public Area" (e.g. public chat rooms, message boards, software libraries see ROR for more details) you automatically grant -- or warrant that the owner of such Content has expressly granted -- AOL Inc. the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such Content. (c) Conduct and Communication. AOL Inc. may elect at its sole discretion to monitor some, all or none of the Public Areas of AOL for adherence to the TOS. You agree to use AOL only for lawful purposes. Any conduct by a Member that in AOL Inc.s sole discretion restricts or inhibits any other Member, person or entity from using or enjoying AOL or another service will not be permitted and shall entitle AOL Inc. to immediately terminate membership without notice. (See the ROR for examples of prohibited conduct). For AOL Inc.s policy on Member privacy, refer to Section 7 of the ROR. 5. International C&S/Internet. (a) International Areas. You acknowledge that your use of AOL allows access to Content originating from subscribers, ICPs and other third parties located in countries other than the United States ("International C&S"). Your access to and use of the International C&S will be governed (in addition to this Agreement) by separate terms and operating policies which conform to appropriate national laws and customs. (b) Internet. AOL offers Members access to the Internet. The Internet is not owned, operated, managed by, or in any way affiliated with, AOL Inc. or any of its affiliates. Your use of the Internet is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations. AOL Inc. retains the right, but not the obligation, in its sole discretion and without prior notice or liability, to restrict or terminate a Members access to the Internet via AOL or to AOL (See Sections C & D of ROR for details). 6. AOL Software. AOL Inc. grants you a non-exclusive, limited license to use the software through which you access AOL ("AOL Software") only for use in connecting to AOL from authorized locations in accordance with this Agreement. 7. NO WARRANTY. MEMBER EXPRESSLY AGREES THAT USE OF AOL, AOL SOFTWARE, AOLS EMAIL SERVICES AND THE INTERNET ARE AT MEMBERS SOLE RISK. AOL, AOLS EMAIL SERVICES AND AOL SOFTWARE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. AOL INC.s ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO USE OF AOL AND AOL SOFTWARE SHALL BE THE REPLACEMENT OF ANY DISKETTE FOUND TO BE DEFECTIVE. AOL INC.s LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT IS LIMITED SOLELY TO THE AMOUNT PAID BY YOU TO ACCESS AND USE AOL. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES AOL INC.s LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. 8. Indemnification. Upon request of AOL Inc., Member agrees to defend, indemnify and hold harmless AOL Inc., its affiliated companies, licensees and ICPs from all liabilities, claims and expenses, including attorneys fees, arising from breach of the TOS by use of, or in connection with, the transmission by or through Members Master Account or Sub-Accounts of any Content on AOL. AOL Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Member hereunder, and in such event, Member shall have no further obligation to provide indemnification for such matter. 9. Termination. Either Member or AOL Inc. may terminate membership at any time. Members only right with respect to any dissatisfaction with any (i) TOS term, or policy or practice of AOL Inc. in operating AOL, (ii) Content available through AOL or change therein, or (iii) amount or type of fees or billing methods, or change therein, is to terminate Membership by delivering notice to AOL Inc. (KEYWORD: Cancel). Members notice of termination will be effective upon receipt by AOL Inc. In the event that a Members account is terminated or canceled, no refund of any fees, including monthly membership fee, will be granted and any online time credited to Members account(s) or Sub-Accounts is not convertible to cash or other form of credit. 10. Law. To the extent of any conflict between this agreement and the ROR, this agreement shall take precedence. Should any part of the TOS be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions remain in full force and effect. The TOS shall be governed by the laws of the Commonwealth of Virginia, excluding its conflicts of law rules, and Member and AOL Inc. each submit to the exclusive jurisdiction of the courts of the Commonwealth of Virginia. (tosmay16)
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