The Nizkor Project: Remembering the Holocaust (Shoah)

Shofar FTP Archive File: orgs/american//aol/aol-tos


                                    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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