Welcome to the Netscape Connect Internet service ("the Service"). This Member Agreement is a legal document that details your rights and obligations as a member of the Service. You cannot become a member of the Service until you have unconditionally accepted the terms of this Member Agreement, so you should take the time to read and understand it.

The Service is brought to you by AOL LLC (formerly known as America Online, Inc.) ("AOL") and its subsidiaries that will operate the Service, including Netscape Communications Corporation (collectively, either "we" or "us").

1. QUESTIONS; MODIFICATION TO MEMBER AGREEMENT
Please review our Privacy Policy and the Community Guidelines, which reflect our current policies. Those policies and this Member Agreement form our Terms of Service ("TOS"). You understand that your use of the Service will be subject to the TOS.

The Internet is a rapidly changing medium. We may have to update or revise these policies as technology and our business continue to evolve. Since our TOS may change, you should periodically check "Keyword: TOS" for the most current version.

For the same reasons, it may be necessary for us to update or revise certain provisions of the Member Agreement. By joining the Service and accepting the Member Agreement, you agree that we may change the terms of this Member Agreement and the TOS. If we make material changes or revisions to the Member Agreement, we will provide notice to you thirty days in advance under the electronic notice procedure described below or other reasonable means. If you don't agree to the changes proposed by us or to any of the terms in this Member Agreement, your only remedy is to cancel your membership to the Service.

2. THE BASICS OF YOUR SERVICE

Entire Agreement

The terms of this Member Agreement and the pricing and billing details published on the Service located at Keyword: BILLING constitute the entire and only agreement between you and us (the "Member Agreement"). To access the Service, you must accept the terms of this Member Agreement and the Privacy Policy and comply with the Community Guidelines. You understand that independent contractors may manage certain areas on the Service and they may have their own terms of use that will be binding on you. Further, there may be additional terms and conditions that you must honor if you use services or products offered by us or by a third party.

Registration

To be a member of the Service, you must be a U.S. resident, at least 18 years old and legally capable of entering into contracts. You agree to (a) provide us true, accurate and complete information about yourself during the registration process and (b) promptly update the registration information to keep it accurate and complete. We reserve the right to limit you to one free trial or promotion that cannot be combined with other offers.

Master Account;Subaccounts

When you accept this Member Agreement and complete the registration process for the Service, we will open an account for you. You will select (or we will assign you) a primary master screen name that will be identified with your account for the life of your account. You can use this primary master screen name to log on to the Service and to send e-mail. You will not be able to change your primary master screen name; however, depending on your plan, you will have the opportunity to open sub-accounts by creating additional screen names. Primary master screen names have access to online account management features such as billing and Parental Controls, and are not intended for use by children under the age of 18. All screen names affiliated with your account are our property and, at our sole discretion, expire upon the cancellation or termination of your account. You may not use a member name that is used by someone else, and your member name cannot be vulgar, or be used in any way that violates the other parts of the Member Agreement. If you open a sub-account for a child under the age of 18, you certify that you are the child's parent or legal guardian and you agree to the Service's policies and practices in areas that may be created on the Service for children's screen names or on areas created generally for children.

As the primary master account holder, you are responsible for all activity on your account and on any of the sub-accounts. You are also responsible for ensuring that all account activity complies with the Member Agreement, the TOS and all applicable laws. Violations or warnings accrued by any of these sub-accounts can lead to termination of your membership to the Service by us. If warnings or violations are received by any sub-accounts, you will also be notified at your master account member name. You may also receive important notices about your membership from time to time that may not be provided to the sub-accounts, so it is important for you to regularly check your master account mailbox(es).

Parent

Because you are responsible for all use of your account, you should supervise any use of your account or sub-accounts by others. This is especially important when children are using the Service; children are safer online and get more out of the experience with adult supervision. We provide you with Parental Controls to help you manage the content and features your children may access online. We encourage you to create a separate sub-account and screen name for each child using your account and to select the Parental Control option that is available to you. You may use your master account to set the Parental Controls for your sub-accounts, and can obtain further detailed information at "Keyword: PARENTAL CONTROLS."

Your password is the key that unlocks your account. You agree not to reveal your password to others, and to indemnify and hold us harmless for any improper or illegal use of your account. This includes illegal or improper use by someone to whom you have given permission to use your account or any of its sub-accounts. Your account is at risk if you let someone use it inappropriately. If your membership is terminated for violating this Member Agreement, our express permission will be necessary before you are allowed to use the Service again.

Modifications to the Service

We may discontinue, add to, modify, upgrade or replace all aspects of the Service in our sole discretion and without notice, including access to support services, publications and other products or services ancillary to the Service or membership. In particular, we reserve the right in our sole discretion to modify, supplement, delete, discontinue or remove any service, product, software, file, publications, information, communication or other content appearing on or transmitted through the Service. You also give us permission to adjust settings on your personal computer and operating system as are reasonably necessary to enable your use of the Service.

3. CHARGES, BILLING

Plans

The Service offers a monthly plan, giving you the flexibility to cancel your subscription at the end of each monthly billing cycle.

Prices

Prices and payment methods for the access plan are provided to you when you register. You can always find current prices at "Keyword: BILLING". You agree to pay the subscription fee as provided in this agreement under the then current rates set forth in Keyword: BILLING. Generally, prices consist of a basic rate for the plan period (i.e., a month). Surcharges apply if you use certain payment methods (such as payment from your checking account, if available) or certain telephone numbers to access the Service; you can get information about these surcharges at Keyword: BILLING. We reserve the right to change our fees and billing methods at any time. We will provide notice of any such change at least thirty days in advance in the same manner described above for changes to the Member Agreement. You authorize us to collect applicable taxes and impose premium surcharges for some areas of the service, and these surcharges may apply even during any free promotion. Any questions you have concerning your account or billing can be addressed as follows:

Netscape Connect
P.O. Box 17100
Jacksonville, FL 32245-7100

Telephone: 1-888-855-0942
If you don't like the changes in fees or billing methods, you may cancel your membership at any time, but we will not refund any remaining portion of the basic rate you paid for the Service before you cancel your membership. If you have joined the Service under any special promotion, such as a trial member, you should understand that your free promotion must be used within the time period specified in the offer. To avoid being charged a membership fee, you must cancel your account before the end of that promotion.

Contact Information

The answers to many common billing questions can be found by selecting "Accounts and Billing" or "Keyword: BILLING" or by contacting a customer service representative at 1-888-855-0942.

Payment Responsibilities

You must select a payment method to pay for your Service membership fees and all other purchases made from the Service. As the primary master account holder, you are responsible for all charges incurred, including applicable taxes and purchases made by you or anyone you allow to use your account or sub-accounts, including your children, other members of your family or friends. This means that, unless your account or payment method information is obtained unlawfully or fraudulently by someone other than those you allow to use your account or sub-account, you will be responsible for all usage and purchases under your account or sub-accounts.

There may be extra charges to access certain premium content on the Service. You will receive notice of any extra charges that may be involved before you enter the premium area. You are responsible for any charges for premium content incurred using your account (including sub-accounts) and these charges apply even during any free promotion we may offer. Some Web sites charge separate fees, which are not included in the cost of your Service membership. We provide access to a large number of third-party vendors, who provide content, goods and or services on the Service. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee charged for your Service membership.

We will bill you through your account that is assigned to your primary master screen name. You agree to pay us for all charges incurred under your account, including all applicable taxes, fees and surcharges. You authorize us to charge your designated payment method for these charges. If we do not receive payment from your designated payment method, you agree to pay all amounts due upon demand by us.

Payment Obligations

We expect you to pay your account balance on time. We will give you 30 days from the date on your account statement to pay your bill. You are responsible and liable for any fees, including attorney and collection fees, that we may incur in our efforts to collect any remaining balances from you. You also agree that you will be billed for and will pay any outstanding balances if you cancel your membership or are terminated. You should let us know about any billing problems or discrepancies within 90 days after they first appear on your account statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.

In the event we are unable to collect your account balance on time, you authorize us to suspend any performance or access to all or a portion of the Service as we deem appropriate and necessary until we receive due performance from you. Additionally, we may terminate your account if you do not pay your account balance on time. You acknowledge and you are hereby notified that if you default more than once on your payment obligations to us, we may terminate your account and that you waive any other requirement of notice.

Communications Charges

You are responsible for obtaining and maintaining at your expense all equipment and services needed to access the Service. If you are using dial-up access, you are responsible for any telephone charges you may incur by accessing the Service. The use of any Netscape Connect access number is the same as making a telephone call to that number and, therefore, may result in additional charges on your telephone bill depending on your location and calling plan. The locations and area codes listed in connection with these numbers are not necessarily indicative of whether a call will be local or toll free for you. Since these charges are your responsibility, you should contact your local telephone company if you have a question about whether an access number is a long-distance or toll call from your location. This is especially important if there have been changes in area code designations, in your telephone service providers, or in your calling plan. We have no information on whether your use of a particular access number will result in phone charges. The Service also provides several 800 or 888 access numbers and certain access numbers in Alaska that include the payment of a surcharge. For the current surcharge, rates go to "Keyword: PHONES". If you choose to use these surcharged numbers to access the Service, you agree to pay the currently applicable surcharge. If you have other questions about access numbers, you should consult "Keyword: PHONES." It is important to note that you can incur long-distance or toll charges or surcharges for 800 or 888 access, even during any free trial we may offer.


4. ONLINE CONDUCT AND CONTENT

Content

By content, we mean the text, links, software, communications and publishing tools, images, animation, video, music, sounds, data and other information provided online. In general, we do not pre-screen content available on the Service that has been created by third parties. We do not pre-screen, endorse or assume any responsibility or liability for content that is provided by others on the Service or on the Internet. We reserve the right to remove content on the Service that, in our judgment, does not meet our standards or does not comply with the TOS, but we are not responsible for any failure or delay in removing such material. Keep in mind that we are not responsible for content available on the Internet. We reserve the right to block access to any Internet area containing illegal or other harmful content or otherwise being used for purposes that are unlawful or injurious to us or our members, but we are not responsible for any failure or delay in blocking such access.

Use of Service

As a Member of the Service, you agree to abide by the TOS. You acknowledge that we have the right to enforce the TOS at our sole discretion. This means that if you, or anyone using your account violates the TOS, we may take action against your account. This action can range from (a) issuing a warning about a violation or (b) suspending access to all or certain portions of the Service, or (c) terminating your membership. You agree that we are not required to provide notice prior to terminating your membership for violating these TOS, but we may choose to do so. You understand and agree that the independent contractors, who manage certain content areas on the Service, may suspend access to their content areas on the Service for violations of the TOS. You agree that we will not be liable to you for such actions taken by the independent contractors. Your obligation to pay your membership fee will continue even if you are suspended from access to certain areas on the Service for a TOS violation. Additionally, as a member of the Service, you may have access to other branded services, such as AOL Instant Messenger^TM, that we make available to both Service members and to other Internet users. When using these branded services, your conduct remains subject to this Member Agreement; however, non-Service members who use these services are not subject to this Member Agreement. As a result, you understand that these other users may not be governed by the same rules or standards. Because of the changing nature of the Internet and online services, the Community Guidelines may change at any time. You can always find the most current version of the Community Guidelines at "Keyword: TOS."

Operating Practices and Permissible Use.

You understand and acknowledge that the Service is intended for your personal, residential use, and may not be used for any commercial or enterprise purposes, whether or not for profit. The Service is not offered or designed to provide an "always on" or "always connected" capability. You agree that we reserve the right in our complete and sole discretion to establish general operating practices to protect and maximize the operation of the Service and its computer network for the greatest benefit of its members. These operating practices may include timed sign offs for users who are inactive for an extended period of time and other reasonable limits against excessive and abusive consumption of the service.


Unsolicited Bulk E-mail

You may not use the Service to send unsolicited bulk e-mail and other forms of unsolicited bulk electronic communications, such as in chat rooms, message boards or messaging products. You may not allow or cause others to send unsolicited bulk email or other communications through your account. You may not use the Member Directory or any other area of the Service to harvest or collect information, including screen names, about Service members for the purpose of sending unsolicited bulk email or other communications. Any violation of these provisions can subject your account to immediate termination and further legal action. If you have received junk e-mail and want to report it, simply use the Forward button on the e-mail screen and send the e-mail to screen name TOSReport. We reserve the right to take any and all legal and technical remedies to prevent unsolicited bulk e-mail or other communications from entering, utilizing or remaining within the Service's network, but we have no liability for any unsolicited bulk e-mail or other communications sent by third parties on or through the Service. You agree to indemnify and hold us harmless for any unsolicited bulk e-mail or other communications sent through your account or any of its sub-accounts.


Proprietary Rights

The Service, its owners, operators, third party content providers, third party access providers and their subsidiaries and licensors own the exclusive copyright, trademark and other intellectual property rights in the content respectively provided by each party on the Service. We own the copyright and trademark rights in the design and structure, or "look and feel," of the content supplied on the Service by us. You must not copy, transmit, modify, distribute, publicly display or perform or create any derivative works from any of the content you find on the Service unless you have the legal right to do so. Making unauthorized copies of, or distributing without authorization, any content found on the Service can lead to the termination of your account and may even subject you to further legal action beyond the termination of your membership. Similarly, other content owners may take criminal or civil action against you. You agree to indemnify and hold harmless us and our respective subsidiaries, affiliates, related companies, employees, officers, business partners, affinity partners, directors and agents from any misuse, infringement or violation of any proprietary rights in connection with your use of the Service and/or your account. If you believe that your work has been copied and is accessible on this Service in a way that constitutes copyright infringement, you may notify us by going to "Keyword: NOTIFY US", where you should follow the directions that are posted and, if appropriate, fill out a copyright complaint form.

You may only post content that you created or which you have been given permission to post by the owner of the content. You may not post or distribute content that is illegal or that violates the Community Guidelines. By posting or submitting content on the Service, you represent and warrant that (i) you own all the rights to the content or are authorized to use and distribute this content on the Service and (ii) the content does not and will not infringe any copyright or any other third-party right nor violate any applicable law or regulation. You should review the guidelines posted in each public area of the Service to make sure you understand how this agreement applies to that area. By posting content on the Service, you grant us the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere.

As a condition of using the Service, you agree that you will not use the Service in connection with the infringement, violation or misappropriation of any the intellectual or proprietary rights of any third party or in violation of any applicable laws or regulations. We reserve the right to remove or block access to any content that we believe to be, or that is alleged to be, infringing. Your right to use the Service may be terminated immediately for any violation of the foregoing.

5. SOFTWARE LICENSES

We provide you with a non-exclusive, limited license to use our access software and other software tools that we make available to you to assist in viewing or publishing content, communicating or performing other functions on or through the Service (collectively, the "Software"). You agree to use the Software in accordance with these rules. You may not sub-license or lease the Software, or charge others to use the software or to access the Service without first obtaining written permission from us. We will occasionally provide automatic upgrades to improve your online experience, and we employ virus-screening technology to assist in the protection of our network and our members, but we are not responsible for any failure or delay in providing such upgrades or virus-screening technology. We reserve the right to log off accounts that are inactive for an extended period of time, and we prohibit the use of tools that defeat our automatic log-off feature.

This limited license allows you to use our software to connect to the Service from authorized locations in accordance with this Member Agreement. This license is subject to the restriction that, except where expressly permitted by law, you may not translate, reverse engineer, decompile, disassemble or make derivative works of any software provided by us. You may not modify our software or use it in any way not expressly authorized by this Member Agreement. You understand that our introduction of various technologies may not be consistent across all computer platforms, and that the performance and some features offered by us may vary depending on your computer and other equipment.

NOTE: For Government Users: The Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Software with only those rights set forth herein.


6. WARRANTY DISCLAIMER

YOU EXPRESSLY AGREE THAT THE SERVICE, THE SOFTWARE, THE SERVICE PRODUCTS, THIRD-PARTY VIRUS CHECKING TECHNOLOGY, AND THE INTERNET ARE PROVIDED "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT TO THE EXTENT SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SPECIFICALLY, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICE AND SOFTWARE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE AND OUR SUPPLIERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR THE SERVICE WILL BE CORRECTED. WE AND OUR SUPPLIERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE, THE SERVICE, OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WE PROVIDE THE SERVICE AND SOFTWARE ON A COMMERCIALLY REASONABLE BASIS AND DO NOT GUARANTEE THAT MEMBERS WILL BE ABLE TO ACCESS OR USE THE SERVICE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SOFTWARE OR SERVICE PROVIDED OR USED BY US AND FOR ANY OTHER DISPUTE WITH US IS THE CANCELLATION OF YOUR ACCOUNT. IN NO CASE SHALL WE BE LIABLE FOR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING FROM YOUR USE OF THE SERVICE, THE SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR MEMBERSHIP WITH THE SERVICE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT, CONTENT OR SERVICE OFFERED THROUGH THE SERVICE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. IN ADDITION, UNLESS OTHERWISE SPECIFIED BY US, WE WILL NOT BE RESPONSIBLE IN ANY WAY FOR ANY PRODUCTS YOU PURCHASE FROM A THIRD PARTY WHILE USING THE SERVICE.

7. INDEMNIFICATION

In addition to any other indemnification obligations contained in his Member Agreement, upon our request, you agree to defend, indemnify and hold harmless us, our respective affiliates, subsidiaries, parents, employees, contractors, business partners, affinity partners, officers, directors, telecommunications providers and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from a breach or alleged breach of this Member Agreement or TOS for which you are responsible or from your use of the Service (including the use of your master account or sub-accounts by another person authorized by you) or the Internet, or in connection with your transmission of any content on the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by a member.

8. INTERNET

You acknowledge that Internet sites not created by us, and your use of the Internet, might consist of, include and/or provide access to images, sound, messages, text, services or other content and material that may be unsuitable for minors and that may be objectionable to many adults. You also acknowledge that we do not assume any responsibility for such content.

9. MEMBER OFFERS AND PRIVACY

Your registration data and certain other information about you and your account is subject to our Privacy Policy. We encourage you to review the Privacy Policy for the Service by going to "Keyword: TOS." By your affirmative act of either registering for the Service and/or your continuing use of the Service following your registration, you authorize the collection, use, and disclosure of personal information by us as provided by the then-current Privacy Policy.

10. TERMINATION AND CANCELLATION

Either you or we may terminate or cancel your membership at any time. You understand and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with us. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Member Agreement or our enforcement or application of this Member Agreement; (2) any policy or practice of the Service or TOS, including the Community Guidelines and the Privacy Policy, or our enforcement or application of these policies; (3) the content available through the Service or the Internet or any change in content provided through the Service; (4) your ability to access and/or use of the Service; (5) any effect of installation or continued use of the Software or Service on your operating system, hardware, or other software or equipment; or (6) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods. We may also terminate or cancel your membership (whether it is under a monthly or extended plan) at any time for any violations of the TOS by you.

You can cancel your membership by delivering notice to the Netscape Connect Member Services Department at 1-888-855-0942, by sending your cancellation request via U.S. Mail to: Netscape Connect, P.O. Box 28650, Jacksonville, Florida 32226-8650. We reserve the right to collect fees, surcharges or costs incurred (whether to us or third-party vendors or content providers) before any cancellation or termination of your membership becomes effective. Your cancellation will take effect within 72 hours of your request and you should receive written confirmation. If you cancel your account near the end of your billing cycle, and you are inadvertently charged for the next month, please call 1-888-855-0942 for a refund. No other refunds will be provided except as otherwise specifically provided in the terms of a particular plan. Please consult Keyword: BILLING to determine the terms and conditions of any refunds that may apply to any particular plan.

11. CHOICE OF LAW, FORUM, AND GENERAL LEGAL TERMS

The Member Agreement represents your entire agreement with us with respect to the Service. You agree that this Member Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement.

If any part of this Member Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

You agree that the law of the Commonwealth of Virginia governs this contract and any claim or dispute that you may have against us, without regard to Virginia?s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the Commonwealth of Virginia.

PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF SERVICE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE COMMONWEALTH OF VIRGINIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE COMMONWEALTH OF VIRGINIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS. The foregoing provision may not apply to you depending on the laws of your jurisdiction.

Electronic Notice Policy

YOU AGREE AND ACKNOWLEDGE THAT WE WILL TRANSACT WITH YOU AND COMMUNICATE WITH YOU PRIMARILY IN AN ELECTRONIC FORM AND THROUGH THE SERVICE. You agree that electronic manifestations of assent, including, but not limited to, "clicking" on an icon to indicate acceptance, sending an e-mail, or using the Service are equivalent to a written signature by you, and satisfy any laws that require a signature, including any applicable version of the Statute of Frauds. You agree that electronic agreements entered into using the Service are equivalent to a written agreement, and satisfy any laws that require a document to be in writing, including any applicable version of the Statute of Frauds. You can always retrieve, review and print this Member Agreement by going to "Keyword: TOS". You agree that you will not challenge the validity, enforceability or admissibility of this Member Agreement on the grounds that it was electronically transmitted or authorized.

Copyright Notices.

We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Service in a way that constitutes copyright infringement, please click here for instructions on how to contact us to report possible copyright infringement.

Export Controls.

You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination prohibited under such laws (currently, Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria or national thereof), or to any person or entity prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Service any data or software that cannot be exported without prior written government authorization and notification to us, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this Member Agreement.

Information for California Residents:

Under California Civil Code Section 1789.3, California Members are entitled to the following specific consumer rights information:

Pricing Information. Current rates for using the Service may be obtained by calling 1-888-855-0942. The Service reserves the right to change the fees, surcharges, monthly membership fees or to institute new fees at any time upon thirty (30) days' prior notice, as provided for in the Member Agreement at Section 3.

Complaints. The Complaint Assistance Unit of the Division of Consumer Services of the California 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.

Assignment


Assignment
We may assign this contract at any time without notice to you. You may not assign this contract to any one else.


Last updated (03/03/2006)