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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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