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1 seemant 1.1 [1]Yahoo [2]Yahoo! Home - [3]Help - [4]Check Email
2     _________________________________________________________________
3    
4     Yahoo! Messenger Terms of Service
5    
6     1. ACCEPTANCE OF TERMS
7     Welcome to Yahoo Messenger. Yahoo provides this service to you,
8     subject to the following Terms of Service ("TOS"), which may be
9     updated by us from time to time without notice to you. You can review
10     the most current version of the TOS at any time at:
11     [5]http://docs.yahoo.com/info/terms/messenger.html. BY CLICKING THE "I
12     ACCEPT" BUTTON (IN ORDER TO DOWNLOAD AND INSTALL YAHOO MESSENGER ON
13     YOUR COMPUTER) YOU AGREE TO BE BOUND BY THESE TOS.
14     2. DESCRIPTION OF SERVICE
15     Yahoo Messenger (the "Service") provides users with the capability to
16     see when their friends are online, send and receive instant messages,
17     electronic mail, alerts and other material and information via the
18     World Wide Web. By registering and using the Service, you acknowledge
19     that other users of the Service may elect to receive a notification
20     from the Service when you sign on and may send you instant messages
21     and other information via the Service. If you desire to block the
22     notification feature of the Service sent to other users or if you
23     don't want to receive messages from such users, you can enable the
24     "Ignore" feature of the Service. The "Ignore" feature allows you to
25     create a list of users you wish to block that you can review and edit
26     from time to time. Your ability to send and receive instant messages
27     and other information may be blocked by Yahoo and by other users,
28     which may partially or wholly limit your ability to use the Service.
29     By using the Service, you agree that Yahoo has no responsibility for
30     the assessment, or for resolving any disputes arising from a User's
31     ability to ignore, send messages or otherwise use the Service.
32     In order to use the Service, you must obtain access to the World Wide
33     Web, either directly or through devices that access web-based content,
34     and pay any service fees associated with such access. In addition, you
35     must provide all equipment necessary to make such connection to the
36     World Wide Web, including a computer and modem or other access device.
37     The Service and any necessary software used in connection with the
38     Service ("Software") contain proprietary and confidential information
39     that is protected by applicable intellectual property and other laws.
40     Yahoo grants you a personal, non-transferable and non-exclusive right
41     and license to use the object code of the Software on a single
42     computer; provided that you do not (and do not allow any third party
43     to) copy, modify, create a derivative work of, reverse engineer,
44     reverse assemble or otherwise attempt to discover any source code,
45     sell, assign, sublicense, grant a security interest in or otherwise
46     transfer any right in the Software. You agree not to modify the
47     Software in any manner or form, or to use modified versions of the
48     Software, including (without limitation) for the purpose of obtaining
49     unauthorized access to the Service. All Software provided to the U.S.
50     Government pursuant to solicitations issued on or after December 1,
51     1995 is provided with the commercial rights and restrictions described
52     herein. In addition, you agree that the Software may not be acquired,
53     shipped, transported, exported, or reexported (1) into (or to a
54     national or resident of) any U.S. embargoed country or (2) to anyone
55     on the U.S. Treasury Department's list of Specially Designated
56     Nationals or the U.S. Department of Commerce's Table of Denial Orders.
57     By using the Software, you represent and warrant that you are not
58     located in, under control of, or a national or resident of any such
59     country or on any such list.
60     Unless explicitly stated otherwise, any new features that augment or
61     enhance the current Service, shall be subject to the TOS. You
62     understand and agree that the Service is provided "AS-IS" and that
63     Yahoo assumes no responsibility for the timeliness, deletion,
64     mis-delivery or failure to store any user communications or
65     personalization settings. You also understand that Yahoo is not
66     responsible for the security or privacy of communications sent via the
67     Service where the Service is being accessed via wireless devices.
68     3. MEMBER ACCOUNT, PASSWORD AND SECURITY
69     If you don't already have a YahooID and password, you will be prompted
70     to complete the Yahoo registration process. You are responsible for
71     maintaining the confidentiality of the password and account, and are
72     fully responsible for all activities that occur under your password or
73     account. You agree to (a) immediately notify Yahoo of any unauthorized
74     use of your password or account or any other breach of security, and
75     (b) ensure that you exit from your account at the end of each session.
76     Yahoo cannot and will not be liable for any loss or damage arising
77     from your failure to comply with this Section 3. The Service may allow
78     you to communicate with users of other instant messaging products. In
79     that event, you acknowledge and agree that (i) your use of the Service
80     is subject to the TOS and the terms governing the use of other instant
81     messaging products you have agreed to, if any, that are consistent
82     with the TOS and (ii) users of other instant messaging products are
83     subject to the terms governing such other instant messaging products.
84     Yahoo assumes no responsibility for the conduct or content of messages
85     sent by users of other instant messaging products.
86     4. YAHOO PRIVACY POLICY
87     Your registration data and other information about you is subject to
88     our Privacy Policy. For more information, please see our full privacy
89     policy at [6]http://docs.yahoo.com/info/privacy/.
90     5. MEMBER CONDUCT
91     You understand that all information, data, text, software, music,
92     sound, photographs, graphics, video, messages or other materials
93     ("Content"), whether publicly posted or privately transmitted, are the
94     sole responsibility of the person from which such Content originated.
95     This means that you, and not Yahoo, are entirely responsible for all
96     Content that you upload, post or otherwise transmit via the Service.
97     Yahoo does not control the Content posted via the Service and, as
98     such, does not guarantee the accuracy, integrity or quality of such
99     Content. You understand that by using the Service, you may be exposed
100     to Content that is offensive, indecent or objectionable. Under no
101     circumstances will Yahoo be liable in any way for any Content,
102     including, but not limited to, for any errors or omissions in any
103     Content, or for any loss or damage of any kind incurred as a result of
104     the use of any Content posted or otherwise transmitted via the
105     Service.
106     You agree to not use the Service to:
107     a. upload, post, incorporate or otherwise transmit any Content that
108     is unlawful, harmful, threatening, abusive, harassing, tortious,
109     defamatory, vulgar, obscene, libelous, invasive of another's
110     privacy, hateful, or racially, ethnically or otherwise
111     objectionable;
112     b. harm minors in any way;
113     c. impersonate any person or entity, including, but not limited to, a
114     Yahoo official, forum leader, guide or host, or falsely state or
115     otherwise misrepresent your affiliation with a person or entity;
116     d. forge headers or otherwise manipulate identifiers in order to
117     disguise the origin of any Content transmitted through the
118     Service;
119     e. upload, post or otherwise transmit any Content that you do not
120     have a right to transmit under any law or under contractual or
121     fiduciary relationships (such as inside information, proprietary
122     and confidential information learned or disclosed as part of
123     employment relationships or under nondisclosure agreements);
124     f. upload, post, incorporate or otherwise transmit any Content that
125     infringes any patent, trademark, trade secret, copyright or other
126     proprietary rights ("Rights") of any party;
127     g. upload, post or otherwise transmit any unsolicited or unauthorized
128     advertising, promotional materials, "junk mail," "spam," "chain
129     letters," "pyramid schemes," or any other form of solicitation;
130     h. upload, post or otherwise transmit any material that contains
131     software viruses or any other computer code, files or programs
132     designed to interrupt, destroy or limit the functionality of any
133     computer software or hardware or telecommunications equipment;
134     i. disrupt the normal flow of dialogue, cause a screen to "scroll"
135     faster than other users of the Service are able to type, or
136     otherwise act in a manner that negatively affects other users'
137     ability to engage in real time exchanges;
138     j. interfere with or disrupt the Service or servers or networks
139     connected to the Service, or disobey any requirements, procedures,
140     policies or regulations of networks connected to the Service;
141     k. intentionally or unintentionally violate any applicable local,
142     state, national or international law, including, but not limited
143     to, regulations promulgated by the U.S. Securities and Exchange
144     Commission, any rules of any national or other securities
145     exchange, including, without limitation, the New York Stock
146     Exchange, the American Stock Exchange or the NASDAQ, and any
147     regulations having the force of law;
148     l. "stalk" or otherwise harass another; or
149     m. collect or store personal data about other users.
150    
151     You understand that the technical processing and transmission of the
152     Service, including your Content, may involve (a) transmissions over
153     various networks; and (b) changes to conform and adapt to technical
154     requirements of connecting networks or devices.
155     7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
156     Recognizing the global nature of the Internet, you agree to comply
157     with all local rules regarding online conduct and acceptable Content.
158     Specifically, you agree to comply with all applicable laws regarding
159     the transmission of technical data exported from the United States or
160     the country in which you reside.
161     9. INDEMNITY
162     You agree to indemnify and hold Yahoo, and its subsidiaries,
163     affiliates, officers, agents, co-branders or other partners, and
164     employees, harmless from any claim or demand, including reasonable
165     attorneys' fees, made by any third party due to or arising out of
166     Content you submit, post to or transmit through the Service, your use
167     of the Service, your connection to the Service, your violation of the
168     TOS, or your violation of any rights of another.
169     10. NO RESALE OF SERVICE
170     You agree not to reproduce, duplicate, copy, sell, resell or exploit
171     for any commercial purposes, any portion of the Service, use of the
172     Service, or access to the Service.
173     11. GENERAL PRACTICES REGARDING USE AND STORAGE
174     You acknowledge that Yahoo may establish general practices and limits
175     concerning use of the Service. You agree that Yahoo has no
176     responsibility or liability for the deletion or failure to store any
177     messages and other communications or other Content maintained or
178     transmitted by the Service. You acknowledge that Yahoo reserves the
179     right to log off accounts that are inactive for an extended period of
180     time. You further acknowledge that Yahoo reserves the right to change
181     these general practices and limits at any time, in its sole
182     discretion, with or without notice.
183     12. MODIFICATIONS TO SERVICE
184     Yahoo reserves the right at any time and from time to time to modify
185     or discontinue, temporarily or permanently, the Service (or any part
186     thereof) with or without notice. You agree that Yahoo shall not be
187     liable to you or to any third party for any modification, suspension
188     or discontinuance of the Service.
189     13. TERMINATION
190     You agree that Yahoo, in its sole discretion, may terminate your
191     password, account (or any part thereof) or use of the Service, and
192     remove and discard any Content within the Service, for any reason,
193     including, without limitation, for lack of use or if Yahoo believes
194     that you have violated or acted inconsistently with the letter or
195     spirit of the TOS. Yahoo may also in its sole discretion and at any
196     time discontinue providing the Service, or any part thereof, with or
197     without notice. You agree that any termination of your access to the
198     Service under any provision of this TOS may be effected without prior
199     notice, and acknowledge and agree that Yahoo may immediately
200     deactivate or delete your account and all related information and
201     files in your account and/or bar any further access to such files or
202     the Service. Further, you agree that Yahoo shall not be liable to you
203     or any third-party for any termination of your access to the Service.
204     14. DEALINGS WITH ADVERTISERS
205     Your correspondence or business dealings with, or participation in
206     promotions of, advertisers found on or through the Service, including
207     payment and delivery of related goods or services, and any other
208     terms, conditions, warranties or representations associated with such
209     dealings, are solely between you and such advertiser. You agree that
210     Yahoo shall not be responsible or liable for any loss or damage of any
211     sort incurred as the result of any such dealings or as the result of
212     the presence of such advertisers on the Service.
213     15. LINKS
214     The Service may provide, or third parties may provide, links to other
215     World Wide Web sites or resources. You acknowledge and agree that
216     Yahoo is not responsible for the availability of such external sites
217     or resources, and does not endorse and is not responsible or liable
218     for any Content, advertising, products, or other materials on or
219     available from such sites or resources. You further acknowledge and
220     agree that Yahoo shall not be responsible or liable, directly or
221     indirectly, for any damage or loss caused or alleged to be caused by
222     or in connection with use of or reliance on any such Content, goods or
223     services available on or through any such site or resource.
224     16. DISCLAIMER OF WARRANTIES
225     YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
226     a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
227     PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YAHOO EXPRESSLY
228     DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
229     INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
230     MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
231     NON-INFRINGEMENT.
232     b. YAHOO MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
233     REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
234     SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM
235     THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE
236     QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
237     PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
238     EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE
239     CORRECTED.
240     c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
241     THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU
242     WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
243     OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
244     MATERIAL.
245     d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
246     FROM YAHOO OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
247     WARRANTY NOT EXPRESSLY STATED IN THE TOS.
248    
249     17. LIMITATION OF LIABILITY
250     YOU EXPRESSLY UNDERSTAND AND AGREE THAT YAHOO SHALL NOT BE LIABLE FOR
251     ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
252     DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
253     GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YAHOO HAS BEEN
254     ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE
255     USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT
256     OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
257     INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
258     TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
259     UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
260     (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v)
261     ANY OTHER MATTER RELATING TO THE SERVICE.
262     18. EXCLUSIONS AND LIMITATIONS
263     SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
264     THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
265     CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF
266     SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.
267     19. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
268     If you intend to receive or request any news, messages, alerts or
269     other information from the Service concerning companies, stock quotes,
270     investments or securities, please read the above Sections 16 and 17
271     again. They go doubly for you. In addition, for this type of
272     information particularly, the phrase "Let the investor beware" is apt.
273     The Service is provided for informational purposes only, and no
274     Content included in the Service is intended for trading or investing
275     purposes. Yahoo shall not be responsible or liable for the accuracy,
276     usefulness or availability of any information transmitted via the
277     Service, and shall not be responsible or liable for any trading or
278     investment decisions made based on such information.
279     20. NOTICE
280     Notices to you may be made via either email or regular mail. The
281     Service may also provide notices of changes to the TOS or other
282     matters by displaying notices or links to notices to you generally on
283     the Service.
284     21. GENERAL INFORMATION
285     The TOS constitute the entire agreement between you and Yahoo and
286     govern your use of the Service, superceding any prior agreements
287     between you and Yahoo. You also may be subject to additional terms and
288     conditions that may apply when you use affiliate services, third-party
289     content or third-party software. The TOS and the relationship between
290     you and Yahoo shall be governed by the laws of the State of California
291     without regard to its conflict of law provisions. You and Yahoo agree
292     to submit to the personal and exclusive jurisdiction of the courts
293     located within the county of Santa Clara, California. The failure of
294     Yahoo to exercise or enforce any right or provision of the TOS shall
295     not constitute a waiver of such right or provision. If any provision
296     of the TOS is found by a court of competent jurisdiction to be
297     invalid, the parties nevertheless agree that the court should endeavor
298     to give effect to the parties' intentions as reflected in the
299     provision, and the other provisions of the TOS remain in full force
300     and effect. You agree that regardless of any statute or law to the
301     contrary, any claim or cause of action arising out of or related to
302     use of the Service or the TOS must be filed within one (1) year after
303     such claim or cause of action arose or be forever barred. You agree
304     that you will not export or re-export the Software, any part thereof,
305     or any process or service that is the direct product of the Software
306     (the foregoing collectively referred to as the "Restricted
307     Components"), to any country, person or entity subject to U.S. export
308     restrictions. The section titles in the TOS are for convenience only
309     and have no legal or contractual effect.
310     22. VIOLATIONS
311     Please report any violations of the TOS to [7]abuse@yahoo-inc.com.
312     _________________________________________________________________
313    
314     Copyright © 1999 Yahoo! Inc. All rights reserved. [8]Privacy Policy
315    
316     References
317    
318     1. http://docs.yahoo.com/
319     2. http://www.yahoo.com/
320     3. http://howto.yahoo.com/
321     4. http://mail.yahoo.com/
322     5. http://docs.yahoo.com/info/terms/messenger.html
323     6. http://docs.yahoo.com/info/privacy/
324     7. mailto:abuse@yahoo-inc.com
325     8. http://docs.yahoo.com/info/privacy/

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