The America Online Service Rules of the Road 1. General A. These Rules of the Road ("Rules of the Road" or "ROR") set forth how America Online, Inc. will operate the America Online brand interactive service and how authorized subscribers may use AOL. These ROR also explain many practical aspects of using AOL. Please read this document carefully and refer to it as often as necessary. You should also read and refer to the Terms of Service Agreement (the "TOS). This document, and the TOS (which were available when you first signed on), are all of the applicable AOL rules ("AOL Rules"), and, as stated in Section 1 of the TOS, comprise the entire agreement between you and AOL Inc. with respect to AOL. You can view the TOS or this ROR on AOL at any time without hourly usage charges in the "Member Services" area. Unless the context requires otherwise, terms used in the ROR have the meanings given in the TOS. B. We believe that our AOL Rules will enhance AOL Inc.s efforts to make AOL informative, entertaining and, above all, FUN!! for all our Members. We have tried to explain clearly our AOL Rules, but if any aspect of the AOL Rules are unclear, we welcome your comments. We hope that our AOL Rules will foster an online community where there is both free exchange of ideas and information, and respect for individual and community rights. 2. Accessing and Using AOL A. Access. (i) Equipment. Most Members will access AOL through a standard residential telephone line, a modem, and a personal computer that you are responsible for providing. (Please remember that when you are connected to AOL, your telephone or other communications equipment, e.g., fax, cannot be operated on the same line at the same time.) There are a variety of personal computers that are capable of accessing and using AOL. For specific technical questions, use the keyword "TechLive." TechLive is currently open from 8 a.m. to 4 a.m. (Eastern time) seven days a week. Access numbers used to connect to AOL may be owned or operated by independent network service providers other than AOL Inc. If you are accessing AOL from outside the Continental United States you may be assessed communications surcharges, the amount of which is available by accessing keyword "Billing." (ii) Telephone Charges. You are responsible for all telephone charges incurred in connecting to AOL through an available access number. Depending on your particular location, the nearest access number is usually, but not always, a local telephone call. To find additional or closer access numbers use keyword "Access." If you have any questions about which telephone number is best or whether an access number is a local call, please check with your telephone service provider. Any disputes or problems regarding phone service are strictly between Member and the applicable telephone and/or long distance service provider. If you cannot currently find an access number that is a local call, check the "New Access Number Updates," which is updated monthly and available in the Member Services area. (We are continuously expanding the list of local numbers.) You can also call your long-distance telephone company to see if a calling plan is available to allow you to call a long-distance access number for a flat rate, or to purchase blocks of calling time in advance at a discount. Members who do not have access to a local number can also use "AOLnet 800 Number Access," an 800 number operated by AOL Inc., for a small surcharge rather than pay expensive long distance phone bills. (iii) AOL Software. Under Section 6 of TOS, AOL Inc. grants to you a limited license to use the AOL Software to connect to AOL from authorized locations. This license is subject to the restriction, that except to the extent expressly permitted by law, you may not translate, reverse engineer or reverse compile or decompile, disassemble or make derivative works from AOL Software. You may not modify AOL Software in any manner or form, or use it in any way which is not expressly authorized in the AOL Rules, including without limitation for the purpose of obtaining unauthorized access to AOL (e.g., hacking). You agree to abide by the U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content which is subject to restrictions under such laws to a national or destination restricted under such laws without first obtaining and then complying with any requisite government authorization. B. Your AOL Account. (i) YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE TO REGISTER FOR AOL AND OBTAIN A MEMBERS MASTER ACCOUNT; HOWEVER, A PARENT OR LEGAL GUARDIAN MAY AUTHORIZE A MINOR TO USE HIS/HER MASTER ACCOUNT(S) UNDER ADULT SUPERVISION. In cases where you have authorized another individual, including a minor, to use your account, you recognize that you are fully responsible for the online conduct of such user, and for controlling the users access to and use of AOL, and for the consequences of any misuse, and that the holder of the Members Master Account(s) is entirely responsible for activities conducted through those accounts (see Section 4c of the TOS). You acknowledge that some areas of AOL may contain material that is inappropriate for minors. AOL offers a "Parental Control" feature that enables the Master Account holder to restrict access to certain areas and features on AOL, but makes no warranties with respect to such feature. Please refer to the Parental Control area in the Member Services area for an explanation of this feature. (ii) Upon your enrollment as a Member, you will select a unique password. You are responsible for maintaining the confidentiality of your password and are liable for any harm resulting from disclosing or allowing disclosure of any password or from use by any person of your password to gain access to the Members Master Account(s) or any Sub-Accounts. Therefore, for security purposes, we recommend that you change your password often. (You can do this by entering the "Change Your Personal Password" area in the Member Services area.) At no time should a Member ever respond to an online request for a password. Employees from AOL Inc. will never ask for a Members password online. Although AOL offers a feature that allows you to bypass the password protection, please remember that this feature permits anyone who has access to your computer to easily access your Master Account and or Sub-Accounts. Use of this password bypass feature is at Members own risk. YOU ARE FULLY LIABLE FOR ALL CHARGES UNDER YOUR MASTER ACCOUNT AND/OR SUB-ACCOUNTS, INCLUDING ANY UNAUTHORIZED CHARGES TO THOSE ACCOUNTS. (iii) Current rates for using AOL may be obtained by calling AOL Inc.s Customer Service at 800-827-6364 or by selecting "Billing" under "Member Services." (Members can also access this area directly by using the keyword "Billing.") An explanation of AOL Inc.s billing practices is provided under the category "Explain Billing Terms." Such rates are expressed net of and Member shall pay in addition to them, all sales, use, value-added, personal property or other governmental tax or levy imposed on the goods or services billed to his/her Master Account(s), other than taxes based on net income or profits of AOL Inc. If the payment method for your Membership is by credit card and payment is not received by AOL Inc. from the card issuer or its agents, you agree to pay all amounts due upon demand by AOL Inc. Each time you use AOL you agree and reaffirm that AOL Inc. is authorized to charge your designated card or withdraw funds via electronic funds transfer ("EFT") from your checking account, if applicable. Your card issuers agreement governs your use of your designated card in connection with AOL, and you must refer to such agreement and not this Agreement with respect to your rights and liabilities as a cardholder. You agree that AOL Inc. may, at its option, accumulate charges incurred during your billing cycle and submit them as one or more aggregate charges during or at the end of each cycle for EFT from your checking account or credit card as applicable, meaning that accumulated charges may appear on the statement you receive from your bank or card issuer. Further, you agree that AOL Inc. may delay obtaining authorization from your card issuer until submission of the accumulated charges. You agree that if you want to see the components of accumulated charges you may do so by using Keyword "Billing." If AOL Inc. does not receive the full amount of your AOL account balance within thirty (30) days of the invoice date, an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month late charge will be added to your bill and shall immediately become due and payable. Member shall also be liable for all attorney and collection fees arising from AOL Inc.s efforts to collect any unpaid balance of your Master Account(s). AOL Inc. will provide you with an online statement of charges if requested by using Keyword "Billing." Unless you notify AOL Inc. of any discrepancies within 90 days after they first appear on your account statement, they will be deemed acceptable by you for all purposes, including resolution of inquiries made by your card issuer. You release AOL Inc. from all liabilities and claim of loss resulting from any error or discrepancy that is not reported to AOL Inc. within 90 days of its publication. (iv) Upon your registration with AOL, you must choose one or more screen names to identify yourself on AOL. AOL Inc. encourages you to be creative and have fun with the screen names you choose, but you are also expected to be reasonable and responsible; vulgar or otherwise offensive screen names can offend the sensibilities of many Members, and it is only common courtesy to remember this when you are selecting screen names. You may not select or use a screen name of another person (unless its also your name), or a name which violates a trademark right, copyright, or any other proprietary right, or which AOL Inc. deems in its discretion to be vulgar or otherwise offensive. If you are unsure about a screen name, send us an email using the "Write to Community Action Staff" button under keyword "TOS," and select the "Names/Profiles Violations" button. Unfortunately, some Members occasionally select vulgar or otherwise offensive screen names as a joke, or just a momentary lapse of good judgment. AOL Inc. reserves the right to delete any such screen name, or to request deletion. (v) Unless you have written authorization from AOL Inc., you may not register for additional Master Accounts. Any delinquent or unpaid accounts or accounts with unresolved issues with the Community Action Department or other AOL departments must be concluded before you may re-register with AOL Inc. Members using multiple accounts without express permission from AOL Inc. shall be terminated. (vi) Members whose accounts have been terminated by AOL Inc. may not access AOL in any manner or for any reason without the express written permission of AOL Inc. Active AOL Members may not knowingly allow former Members who have been terminated to use their accounts. C. Online Conduct. (a) Any conduct by you that in AOL Inc.s discretion restricts or inhibits any other Member from using or enjoying AOL will not be permitted and may result in termination of Membership. You agree to use AOL only for lawful purposes. You may not post or use AOL to: (1) harass, threaten, embarrass or cause distress, unwanted attention or discomfort upon another Member or user of AOL or other person or entity, (2) post or transmit sexually explicit images or other content which is deemed by AOL Inc. to be offensive, (3) transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable Content, (4) cause the screen to "scroll" faster than other Members or users are able to type to it or any action to a similar disruptive effect, (5) impersonate any person, including but not limited to, an AOL Inc. official or an information provider, forum leader, guide or host, or communicate under a false name or a name that you are not entitled or authorized to use, (6) disrupt the normal flow of dialogue in a chat room or otherwise act in a manner that negatively affects other Members, users, individuals or entities, (7) post or transmit chain letters or pyramid schemes, (8) post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other Members, individuals or entities, except in those areas (e.g., the classified areas) that are designated for such a purpose, (9) violate any operating rule, policy or guideline of any other interactive service, including but not limited to the operating policies of the International Areas, or (10) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law. (i) Offensive Communication. AOL is a community-oriented service composed of many different communities of people. Our goal is to provide an interesting, stimulating and fun place for all Members. Using vulgar, abusive or hateful language undermines this goal and is not allowed. Please use your best judgment and be respectful of other Members. Remember, there may be children online. If you use vulgar, or abusive language online, even if masked by symbols or other characters, you may either receive an "on-screen-warning" by a Guide or Room Host, or in some cases be terminated immediately. A warning indicates that your language is not in compliance with the TOS or ROR. Should you receive such a warning, take the time to read the AOL Rules again, comprising the TOS and these ROR which you will find posted in the Member Services area. (ii) Harassment. When a Member targets another individual or entity to cause distress, embarrassment, unwanted attention, or other discomfort, this is harassment. AOL Inc. does not condone harassment in any form and may suspend or terminate the accounts of any Member who harasses others. You may have a disagreement with someone's point of view -- we encourage lively discussion in our chat rooms and message boards -- but personal attacks, or attacks based on a persons race, national origin, ethnicity, religion, gender, sexual orientation, disablement or other such affiliation, are prohibited. If you have a disagreement with someone's point of view, address the subject, not the person. (iii) Graphic Files. AOL Inc. prohibits the transfer or posting on AOL of sexually explicit images or other content deemed offensive by AOL Inc. (iv) Scrolling. "Scrolling" means repeatedly causing the screen to roll faster than Members are able to type to it. It is caused by a user entering a set of random characters or by repeatedly entering a carriage return or any such action to a similar disruptive effect. Scrolling is an expressly prohibited form of disruption. (v) Impersonation. This can involve the portrayal of another person or entity, such as the impersonation of AOL Inc. staff or an information provider, authorized Guide or Host, or communication under a false name or a name that you are not authorized to use. Members must avoid the portrayal of AOL Inc. personnel or others persons in all forms of online communication, including, but not limited to, screen names, member profiles, chat dialogue and message postings. (vi) Room Disruption. This includes purposefully interfering with the normal flow of dialogue in a chat room. Room disruption may occur by repeatedly interrupting conversation between Members, or by acting in such a way as to antagonize, harass or create hostility in a chat room. (vii) Chain Letters and Pyramid Schemes. Transmission of chain letters and pyramid schemes of any kind is not allowed on AOL. This material places an unnecessary load on our electronic mail ("email") system and is considered a nuisance by many Members. Certain chain letters and pyramid schemes are illegal. Letters or messages that offer a product or service based on the structure of a chain letter are also of questionable legality. At minimum, they are a waste of resources and are not permitted on AOL. (viii) Advertising, Solicitation and Name Harvesting. You may not use AOL to send unsolicited advertising, promotional material, or other forms of solicitation to other Members except in those specified areas that are designated for such a purpose (e.g., the classified area) unless you receive the express permission of the Member. You may not use AOL to collect or "harvest" screen names of other Members without the express prior permission of the Member. AOL Inc. reserves the right to block or filter mass email solicitations on or through AOL. If you witness chat in a public chat room that violates the AOL Rules, you may contact an AOL Service Guide by using the keyword "Guide Pager." You may also contact AOL Inc.s Community Action Staff about any violation by using the "Write to Community Action Staff" icon located in the TOS area of the Members Services area. (CONTINUED) (rormay16) Rules of the Road Continued.... D. Content. You recognize that communication over AOL often occurs in real-time, or is posted on one of AOLs thousands of message boards or libraries, and AOL Inc. cannot, and does not intend to, screen communication in advance. Moreover, because AOL Inc. encourages open and candid communication, it cannot determine in advance the accuracy, or conformance to the AOL Rules, of Content transmitted on AOL. AOL Inc. is not responsible for screening, policing, editing, or monitoring such Content. If notified of Content which is alleged not to conform to the AOL Rules, AOL Inc. may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Content from AOL. AOL Inc. shall have no liability or responsibility to you in respect of its performance or non-performance by AOL Inc. of such activities, as long as it has acted in good faith. Please use your best judgment in evaluating all information contained or opinions expressed on AOL. You should be no less careful in your evaluation of such information and opinions on AOL as you are in everyday life. It is AOL Inc.s policy not to endorse, oppose, or edit any opinion expressed by a Member or information or material provided by an ICP or other independent party. All Content is protected by copyright pursuant to U.S., international conventions, and other copyright laws as a collective work and/or compilation, and AOL Inc. owns a copyright in the selection, coordination, arrangement and enhancement of such Content. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided below), create derivative works from, distribute, perform, display or in any way exploit, any of the Content, in whole or in part; provided that if no specific restrictions are applied directly or indirectly in relation to a particular item of Content, you may make a reasonable number of copies of such item, including copyright material, provided that the copies are made and used only for your personal use and that you ensure that any notices contained in the Content such as all copyright, trademark, and other proprietary rights notices are reproduced in an unmodified form in all such copies. You may upload to AOLs software files and message boards or otherwise transmit on or through AOL only Content that is not subject to any copyright or other proprietary rights protection (collectively, "Public Domain Content"), or Content in respect of which the holder of any copyright, trademark or other proprietary rights ("Rights") has given express authorization for distribution on AOL without any restriction whatsoever, and in respect of which any moral rights of any person or entity have been completely and irrevocably waived. Any copyright Content submitted with the consent of a copyright owner other than you should contain a phrase such as "Copyright owned by [name of the owner]; Used by Permission." The unauthorized submission of copyright or Content which is otherwise subject of any third party Rights constitutes a breach of the AOL Rules and may also render you liable to the holder of such rights. Remember you, not AOL Inc. or its affiliates or independent contractors (such as Independent Content Providers or "ICPs"), are exclusively responsible for any liability resulting from infringement of Rights arising from such submission or transmission. By posting shareware or other software to AOLs file libraries, you authorize AOL to distribute the software through its worldwide network. You may provide for additional license terms and restrictions in your upload, but AOL shall have no obligation whatsoever with respect to enforcing such terms and conditions and reserves the right to remove any software from its network, at its sole discretion. By submitting Content to any "Public Area" (Public Area(s) are those areas of AOL that are generally accessible to other Members, such as public chat rooms, message boards, and file uploads) you are deemed automatically to grant -- and/or warrant that the holder of any Rights or Moral Rights in such Content has completely and effectively waived all such Moral Rights and expressly, validly and irrevocably granted to you the right to grant -- AOL Inc. the royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display the Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any Rights that may exist in such Content. You also permit any Member to access, view, store and reproduce the Content for personal use. Subject to the foregoing, the owner of Content placed on AOL retains any and all rights which may exist in such Content. The export control laws of the United States and other jurisdictions regulate the export and re-export of certain technology. This includes the electronic transmission of certain information and software to particular foreign countries and foreign nationals. You agree to abide by these laws -- including but not limited to the United States Export Administration Act, Arms Export Control Act and their implementing regulations -- and not to transfer, by electronic transmission or otherwise, any Content derived from AOL which is governed by or regulated under such laws to a national or a destination prohibited or restricted under such laws without first obtaining any required governmental authorization. You further agree not to upload to AOL any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of the Agreement. In addition, because U.S. export control laws currently prohibit nationals of Cuba, Iran, Libya, North Korea and Syria from gaining access to certain Content on AOL, nationals of these countries currently may not legally access AOL. E. Internet Access and Conduct. AOL provides you with access to the Internet. Generally, the Internet consists of the following areas available through AOL: Email, News Groups, Gopher and WAIS, FTP, and the World Wide Web (See the "Internet Connection" area on AOL). You are connected to the Internet via the World Wide Web ("Web") whenever there appears, on the right hand corner of the screen display, the spinning AOL triangular logo. The Internet is not owned, or operated by, or in any way affiliated with, AOL Inc. or any of its affiliates; it is a separate, independent network of computers and is not part of AOL. You use of the Internet is solely at your own risk. When using the Internet and all of its components, Members must conduct themselves responsibly according to the Internets own particular code of conduct. Participating successfully on the Internet is really a matter of common sense. Although AOL Inc. does not control the Internet, your conduct on the Internet when using your AOL account is subject to the AOL Rules. Because AOL Inc. wants to be a good Internet citizen, it prohibits Members from engaging in certain conduct on the Internet through or by means of AOL including the following: (i) Chain Letters. Chain letters are prohibited on AOL and are inappropriate on the Internet. Posting a chain letter to an Internet newsgroup (or via email on the Internet) may result in your AOL account being terminated. (ii) Commercial Communication. The vast majority of newsgroups and mailing lists on the Internet are not commercial in nature and participants in such groups may object strongly to commercial postings, solicitations, or advertisements. (iii) Other Inappropriate Posts. Each newsgroup and mailing list on the Internet focuses on a particular set of topics and posts not related to these topics are not welcomed by the participants. We suggest that all Members become familiar with the guidelines, themes, and culture of the specific newsgroups and mailing list in which they wish to participate. Posting or distributing patently inappropriate material on the Internet (i.e. spamming or mail bombing) may result in suspension or termination of your AOL Master Account and Sub-Accounts. (iv) Copyright and Proprietary Materials. Transmitting to the Internet copyright or other material of any kind which is subject to the Rights of any person or entity without the express permission of the Rights holder is prohibited and will result in termination of your Membership and possible civil and/or criminal liability. (v) Use of Personal Publishing Tools. AOL Inc. provides Members with personal publishing tools to enable Members to create personal homepages (Keyword: Personal Publisher) and use of such publishing tools will be subject to these ROR and TOS. AOL Inc. reserves the right to suspend or terminate at its discretion Members AOL Master Accounts and Sub-Accounts or to require the removal of links or other content on or through Members homepages or personal Internet sites if providing such content or links causes undue strain on any AOL server either through excessive hits or by excessive bandwidth. You understand that except for Content, products or services expressly available at AOL Inc.s Web site, neither AOL Inc. nor any of its affiliates controls, provides, operates or is responsible for any Content, goods or services available on the Internet. All such Content, goods and services are made accessible on the Internet by independent third parties and are not part of AOL or controlled by AOL Inc. AOL Inc. neither endorses nor is responsible for the accuracy or reliability of such Content, goods or services. AOL Inc. does not guarantee the accuracy, completeness, usefulness, quality or availability of any Content, goods or services available on the Internet, which are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. Neither AOL Inc. nor its affiliates shall be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any Content, goods or services available on the Internet or a your inability to access the Internet or any site on the Internet. The foregoing provisions of this paragraph shall apply with equal force even where AOL features or displays a link with any particular Web site. You should be aware that the Internet contains Content, goods and services that you may find obscene, improper, hurtful or otherwise offensive and that may not be suitable for certain Members or for minors who are accessing the Internet through a Sub-Account or Master Account of yours. AOL Inc. does not have the capability or right to monitor, or review, or restrict any Content, goods or services made available by third parties on the Internet, nor to edit or remove any such questionable Content after posting on the Internet. In addition, you should be aware that the Internet provides access to users who are not part of AOL and whose conduct and communication may also be found to be harmful or offensive to Members or which would otherwise breach the AOL Rules if they were subject to it. Since such users are not Members of AOL, AOL Inc. does not have the right or capability to restrict or review their conduct or communication. Accordingly, AOL Inc. and its affiliates specifically disclaim any responsibility for (and under no circumstances be liable for) any conduct, Content, goods and services available on or through the Internet (including without limitation any part of the Web). Although, AOL Inc. permits parents to restrict access through AOL to certain material on the Internet (See KEYWORD and hereinafter "PARENTAL CONTROL"), you acknowledge that Parental Control features are imperfect and you use Parental Control features at your sole risk. AOL Inc. does not give any warranty as to the accuracy, completeness or usefulness of any Parental Control feature or service. You should be aware that much of the Content available on the Internet is protected by copyright, trademarks, trade secrets and other Rights of the independent third parties or their licensors who make such Content available on the Internet. Members use of such Content will be subject to the specific restrictions placed on such Content by the owners or licensors of the Rights in such Content and all applicable laws and regulations. Your use of the Internet is subject to all applicable local, state, national and international laws and regulations. Without limiting the other rights available to AOL Inc. under the AOL Rules, AOL Inc. retains the right, but not the obligation, in its sole discretion and without prior notice or liability, to restrict and/or terminate your access to the Internet and AOL if your use of the Internet violates any such laws or regulations, any prohibitions upon your conduct in connection with the Internet raised in this Section E or otherwise restricts or inhibits any other user from enjoying the Internet or AOL. 3. Purchasing Products and Services through AOL Please remember that AOL Inc. does not endorse, warrant or guarantee any product or service offered through AOL and will not be a party to or in any way monitor any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Blind opportunity ads and "get rich quick" schemes should be approached with ample skepticism. AOL Inc. cannot mediate disputes and cannot assume responsibility for any outcome. Be careful, be smart, have fun! 4. Third Party Software and Services In addition to content and services provided by Information Providers and AOL Inc., other third parties may offer additional content, software or other services to Members. Members may be subject to any additional terms and conditions relating to the use of such third party content, software or services and failure to abide by these terms and conditions may result in termination of Membership. Furthermore, use of other networks, including areas of the Internet, may be subject to any usage policies of such networks. 5. Public Communication AOL offers Members the capability to communicate in Public Areas generally accessible to other Members or to communicate privately with another Member. Public Areas are those features that are generally accessible to other Members, such as, but not limited to, chat rooms, online forums, and message boards. AOL Inc. will maintain AOL Public Areas as an open forum for discussion of a wide range of issues and expression of diverse viewpoints. AOL Inc. will administer standards of online conduct according to the AOL Rules for the enjoyment of all its Members. While AOL Inc. will endeavor to monitor the Public Areas to ensure that online standards are being maintained, AOL Inc. has neither the practical capability, nor does it intend, to act in the role of "Big Brother" by screening public communication in advance. AOL Inc. reserves the right to prohibit conduct, communication, or Content on AOL which it deems in its discretion to be harmful to any Member, the communities which comprise AOL, AOL Inc.s and third-parties rights, or to violate applicable law. Notwithstanding the foregoing, neither AOL Inc. nor its Information Providers have the practical ability to restrict conduct, communication or Content which might violate the AOL Rules prior to transmission on AOL, nor can they ensure prompt editing or removal of actually or potentially violating Content after online posting. Accordingly, you acknowledge that neither AOL Inc. nor any Information Provider shall assume or have any liability for any action or inaction by AOL Inc. or any ICP with respect to conduct, communication or Content on AOL. 6. Customer Service Communication Please refer to Section 2B(iv) for AOL Inc.s policy on monitoring or disclosing private communication. In order to ensure quality customer service, AOL Inc. may monitor Member communication with AOL Inc. customer service employees, including AOL Sales and Service, Tech Live and Community Action personnel. 7. Privacy Policy A. General Because protecting your privacy is very important to America Online, we have adopted the following policies to safeguard your personal information and are committed to protecting its confidentiality. We will limit the collection and use of personal information or "Individual Information" (as defined below) to what is necessary to administer our business, provide you with the highest quality service, and offer you opportunities we think will be of interest. We will NOT disclose any Individual Information except in limited circumstances as specifically provided below. Individual Information means any information, data or records which relate to your AOL membership or use of AOL and identifies you or your individual Member account. There are three types of Individual Information: (1) "Member Identity and Billing Information," such as your name, street address, telephone number and billing information, and any screen names associated with your account; (2) "Navigational and Transactional Information," such as information about where you go or what you buy through AOL; and (3) "Private Communications Content," such as the contents of email, or private chat room or instant message communications. Please be aware that AOL is a private online service which allows access to the Internet, but is not the Internet. AOL Inc. does not control the content or services available through the Internet (except for the AOL and GNN homepages), and providers of Internet sites or services have separate data and privacy practices which are independent of AOL Inc. Internet areas may appear to be seamlessly incorporated into AOL; however, currently, you can tell youre on the Internet whenever there appears a spinning AOL logo, or when you click on icons labeled as "Newsgroups," "Web," "Link," "FTP," "Gopher" or other items relating to the "Internet." Many of the online areas that you visit on AOL are operated by companies that are independent from AOL Inc. While AOL Inc. will seek to require these independent companies (e.g. information providers, advertisers, and merchants) to adhere to our strong privacy principles, AOL Inc. does not bear responsibility for their policies or actions. You should be aware that when you voluntarily disclose personal information (such as your screen name) in public areas (e.g., the Member Directory, chat rooms, message boards, Internet Newsgroups), your information can be collected and used by others. (When you visit Internet sites, your AOL screen name or other Member Identity Information is generally not identifiable.) Also, ordering products through AOL often requires you to provide an independent company with limited Individual Information to enable them to fulfill and ship your order. AOL Inc. actively participates in industry associations and community groups to support strong and effective privacy guidelines and practices. B. Collection and Storage. (i) Member Identity and Billing Information. We maintain the following types of Member Identity and Billing Information: your name, street address, telephone numbers, length of membership, and payment information. We may also keep information on your communications with our Customer Service or Community Action departments, and general account history, such as accumulated usage credits, or written complaints relating to your account. (ii) Navigational and Transactional Information. We may collect and store certain Navigational and Transactional Information, such as data on the choices you make among the range of available services or merchandise and the times and ways you use AOL. (iii) Private Communications Content. The AOL computer system does not record or retain any chat room communications, instant message communications, or records of with whom you communicate in chat rooms or instant messages. The AOL email system retains the contents of private email communications for a limited period only. Once read, email is permanently deleted from the system after about five days. Email that is sent, but not read, is permanently deleted from the system after about thirty days. (Consequently, if you wish to keep copies of any communications, you should store such communications on your personal computer hard drive or in print form.) C. Use. AOL Inc. safeguards its Members Individual Information from unauthorized access and only authorized employees or agents who need to carry out legitimate business functions are permitted access to Members Individual Information. Employees who violate AOL Inc.s privacy policies are subject to disciplinary actions, including termination where appropriate. You acknowledge that private communications directed at a person or entity, including AOL Inc., may be used or disclosed by the intended recipient(s) without restrictions relating to privacy or confidentiality. (i) Member Identity and Billing. AOL Inc. uses Member Identity and Billing Information to administer our business, ensure that you are properly billed and offer you opportunities that may be of interest. (ii) Navigational and Transactional Information. AOL Inc. uses Navigational and Transactional Information to personalize AOL and for programming and editorial research. For example, we use Navigational and Transactional Information to understand our members reactions to menu items, content, services and merchandise offered through AOL and to customize AOL based on the interests of our Members. (iii) Private Communications Content. AOL Inc. treats private communications on or through AOL as strictly confidential and does not access, use or disclose the contents of private communications, except in limited circumstances as specifically provided in Section 7D below. D. Disclosure. Because AOL Inc. considers the Individual Information we maintain to be confidential, our policy is to not disclose Individual Information to third parties without prior consent (which may be oral or electronic), or unless specifically provided below. AOL Inc. reserves the right to use agents, who are bound by strict confidentiality guidelines, to perform storage and processing functions. (i) Member Identity and Billing Information. From time to time, we make our mailing list available to select companies that offer products and information we think may be of interest to you. AOL Inc. carefully screens all requests to use its mailing list to ensure that they are appropriate. AOL does not release members telephone numbers, credit card numbers or checking account numbers (or other Individual Information, such as Navigational or Transactional Information or Private Communications Content). If you do not want your name released to these companies, simply indicate this on the Member Mailing Preferences Form. (To access this form, go to Keyword "Member Preferences" -- then double-click on the heading "Tell Us What Your Preferences Are".) It is our policy not to disclose to third parties Member Identity information that links a Members screen name(s) with a Members actual name, unless required to do so by law or legal process served on AOL Inc. (e.g., subpoena). AOL Inc. reserves the right to make exceptions to this policy in exceptional circumstances (such as a bomb or suicide threat, or instances of suspected illegal activity) on a case-by-case basis and at AOL Inc.s sole discretion. AOL Inc. intends to abide by applicable laws governing the disclosure to governmental entities of Members Individual Information and other records. When responding to legal process served on AOL Inc. by non-government entities, unless otherwise ordered, AOL Inc.s current policy is to make reasonable efforts to notify affected Member(s) in advance of releasing the information in order to provide Member(s) an opportunity to pursue any available legal protection. (ii) Navigational and Transactional Information. AOL Inc. will not disclose to third parties Navigational or Transactional Information (e.g. where you go or what you buy on or through AOL), except to comply with applicable law or valid legal process (e.g., search warrant or court order). (iii) Private Communications Content. AOL Inc. does not access or disclose the contents of private communications (e.g., email, instant messages, member-created private rooms), unless it in good faith believes that such action is necessary (a) to comply with applicable law or valid legal process (e.g., search warrant or court order), (b) to protect the rights or property of AOL Inc., or (c) in emergencies when AOL Inc. believes that physical safety is at risk. AOL Inc. reserves the right to treat as public, any private chat room whose directory or room name is published or becomes generally known or available. 8. Legal Notices Under California Civil Code Section 1789.3, California Members are entitled to the following specific consumer rights information: 1. Pricing Information. Current rates for using AOL may be obtained by calling 1-800-827-6364. AOL Inc. reserves the right to change fees, surcharges, monthly Membership fees or to institute new fees at any time upon thirty (30) days prior notice, as provided for in the TOS Agreement at Section 1.5. 2. Complaints. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at 1-916-445-1254. (ro2may16)
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