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Netscape Network Registered User Agreement Welcome to Netscape.com. The following terms govern your use of the services, features and content offered through Netscape.com and its affiliated providers ("Netscape Network"), which you access by signing in with a screen name or other credential issued by the Netscape Network. IF YOU ARE REGISTERING FOR THE NETSCAPE NETWORK, PLEASE TAKE THE TIME TO READ AND UNDERSTAND IT SINCE YOU WILL BE BOUND BY THESE TERMS. If you have not registered with the Netscape Network, please review the existing terms of service of the Web sites, services and products you use in order to learn about their terms and conditions for using their features, offerings and content.
By registering for the Netscape network, you agree to transact with the network electronically and to receive all information and notices from the Netscape Network electronically. Please see our Electronic Delivery Policy below.
The Netscape Network improves your online experience by offering you access to a variety of features, offerings and content. The Netscape Network provides you online features and tools, such as Netscape Mail. Registered users also can access other content, products and services from AOL ® Instant MessengerTMand the Network's other affiliated providers ("affiliated providers"). Registering with the Netscape Network is optional. Although anyone may access many of the websites participating in the Netscape Network, only registered users may use certain features and tools offered by Netscape.
You cannot become a Netscape Network registered user until you have accepted this Registered User Agreement. By completing the registration process to join the Netscape Network, you affirmatively agree to accept the terms of this Registered User Agreement and the Netscape Network Privacy Policy (together, the "Terms of Service"). Each time you use the Netscape Network, you reaffirm your acceptance of the then-current Registered User Agreement. If you do not wish to be bound by this Registered User Agreement, you may discontinue using the Netscape Network.
The Netscape Network may change the Terms of Service, in its sole discretion, from time to time. The Netscape Network, and any of the affiliated providers, reserves the right to impose charges for any features or services. If the Netscape Network makes material changes to the Terms of Service, it will provide notice to you at least 30 days in advance of those changes becoming effective. The modified Terms of Service will be effective immediately upon posting, and you agree to the new posted Terms of Service by continuing your use of the Netscape Network. If you do not agree with the modified Terms of Service, your only remedy is to discontinue using the Netscape Network and cancel your registration.
You represent and warrant that you have adequate legal capacity to enter into binding agreements such as this Registered User Agreement. You must register and receive a screen name. In order to register, you must provide your name, e-mail address, gender, date of birth and zip code[, or such information as is required to register for a Subscription offered through the Netscape Network] (the "Registration Information"). You will obtain a screen name through registration and you may use this screen name to access the sites and functionality of registration based features and tools.
Unless you are a subscriber to America Online ("AOL"), CompuServe, or a Netscape Network fee service, you must use your screen name on a regular basis to keep your screen name and registration active. The Netscape Network may cancel the registration and screen name and delete any e-mail on the Netscape Mail Service of any registered user that does not have a current subscription or who does not use such screen name for a period of 90 days. If your screen name is canceled, you will need to reregister as a Netscape Network user and obtain a new screen name to obtain access to registration based features and tools. If the screen name that you previously used and which was canceled has not been taken by another registered user of the Netscape Network or any of its affiliated services including, without limitation, AIM, AOL and CompuServe, you may re-register with your canceled screen name. The following terms apply to any free email services offered by us. You must use your email account regularly to keep it active. We reserve the right to cancel any free e-mail account that is inactive for more than 30 days, and any data on a deactivated account may not be retrieved later. You are solely responsible for backing up and archiving any important email. Any premium email product may be subject to additional terms.
The Netscape Network Privacy Policy explains how the Network collects and uses information and the choices you have with that information. You consent to the Netscape Network using your registration information and other information collected by the Network under the terms of the Netscape Network Privacy Policy.
By registering with or using the Netscape Network, you consent to the collection and use of your personal information and the transfer of this information to the United States or other countries for the processing and storage by the Netscape Network. Additionally, you agree that the Netscape Network may use the Screen Name and Quick Checkout Services, or other similar technologies, to authenticate you on the Netscape Network, help store your registration and transaction-related information, and enable you to take advantage of offerings from the Netscape Network and its affiliated providers. You can learn more about other benefits of these Services, including their ability to facilitate your registration and purchases on other Web sites outside the Netscape Network, by visiting Screen Name Service and QuickCheckout.
Your use of websites offered by affiliated providers will be subject to their own terms, codes of conduct or guidelines that govern use of those sites. You agree to abide by such other terms and conditions and operating rules. This Registered User Agreement in no way modifies or preempts the terms and conditions of the affiliated providers' websites. Your violation of the terms and conditions of any affiliated provider's website while using your Netscape Network screen name, or by accessing those sites through the Netscape Network, shall constitute a breach of this Agreement.
You are responsible for all activity made by you or anyone you allow to use your Netscape Network account and screen name, including your children, other members of your family or friends. You are responsible for obtaining your own Internet access, including maintaining all telephone, computer hardware and other equipment needed for access to and use of the Netscape Network, and all charges related thereto. Any telephone or other communications charges incurred by you to access the Netscape Network are your responsibility. Since these charges are your responsibility, you should contact your local telephone company or communication provider if you have a question about whether your access carry any long distance charges or other toll charges from your location.
You may use the Netscape Network's features, offerings and content for lawful purposes only. You agree to provide the Netscape Network with accurate, complete and updated registration information, and you agree to keep such information current. You may not (1) select or use a screen name of another person with the intention of impersonating that person, (2) use a screen name of anyone else without authorization, (3) use a screen name in violation of the intellectual property rights of any person, (4) use a screen name that the Netscape Network considers to be offensive or (5) send unsolicited bulk e-mail, junk e-mail or unsolicited bulk instant messages. You agree to abide by any operating rules posted by the Netscape Network.
You may not post on or transmit through community areas (e.g., message boards, chat, e-mail, calendars, instant messaging products) any material that (1) violates or infringes in any way upon the rights of others, (2) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, (3) encourages conduct that would constitute a criminal offense, (4) gives rise to civil liability or (5) otherwise violates any law. You also may not undertake any conduct that, in the Netscape Network's judgment, restricts or inhibits any other user from using or enjoying the Netscape Network, including without limitation the community areas.
Your membership gives you access and use of Netscape Network's communication tools, including such features as sending and receiving e-mails, instant messaging and chat. This does not mean that you may use such communication tools to send unsolicited bulk e-mail or unsolicited communications (e.g., chat, instant messages, etc.). You may not use the user directory or any other area of the Netscape Network or other Netscape property to harvest or collect information, including screen names, about Netscape Network users, and the use of such information for the purpose of sending unsolicited bulk e-mail or instant messages is strictly prohibited.
Certain areas of the Netscape Network will allow you to post text, messages, information, software, images, audio and video ("Content") that can be accessed and viewed by others, including the public in general (collectively, "community areas"). You shall not upload, post or otherwise make available on any community areas such as message boards, chat, webpages and instant messenger Content protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You are responsible for determining whether copyright, trademark or other proprietary right protects such Content. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission.
The Netscape Network has the right at any time to change, modify, add to or discontinue any aspect or feature of the Netscape Network including, but not limited to, the community areas, content, hours of availability and equipment needed for access or use. The Netscape Network has no obligation to provide you notice of any such changes.
You hereby grant to the Netscape Network and the affiliated providers a worldwide, royalty-free, perpetual, irrevocable and non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any Contentl you post in the community areas of the Netscape Network and/or to incorporate such Content in other works in any form, media or technology now known or later developed.
The Netscape Network provides you with a limited license to use the software and services distributed by the Netscape Network ("Network Software"), which you agree to use in accordance with these rules. You may not sub-license, or charge others to use or access, the Netscape Network's software without first obtaining written permission from the Netscape Network. The Netscape Network occasionally will provide automatic upgrades to improve your online experience, and it employs virus-screening technology to assist in the protection of its network and its registered users.
The Netscape Network grants to you a non-exclusive, limited license to use the Network Software and services in accordance with this Agreement. This license is subject to the restriction that, except where expressly permitted by law, you may not translate, reverse-engineer or reverse-compile or decompile, disassemble or make derivative works from the Network Software. You may not modify the Network Software or use it in any way not expressly authorized by this Agreement. You understand that the Netscape Network's introduction of various technologies may not be consistent across all platforms and that the performance and some features offered by the Netscape Network may vary depending on your computer and other equipment.
The Netscape Network contains copyrighted material, trademarks and other proprietary information including text, software, photos, video, graphics, music and sound, and the entire content of the Netscape Network is copyrighted as a collective work under the United States copyright laws. The Netscape Network owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third party content provider and the affiliated providers own the copyright in content original to them.
You may not modify, publish, transmit, display, participate in the transfer or sale of, create derivative works or in any way exploit the content of the Netscape Network or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the Netscape Network without the express permission of the Netscape Network and the copyright owner. No portion of the content on the Netscape Network may be stored in a computer except for personal and non-commercial use. If you believe that your work has been copied and is accessible on the Network in a way that constitutes copyright infringement, please click here for instructions on how to contact the Netscape Network.
The Netscape Network has the right, but not the obligation, to monitor the content of the Netscape Network and other Netscape properties, including without limitation the community areas, to determine compliance with the Terms of Service and any other operating rules that may be established by the Netscape Network from time to time. The Netscape Network has the right in its sole discretion to edit, refuse to post or remove any content or other material submitted to or posted on the Netscape Network or other Netscape properties. Without limiting the foregoing, the Netscape Network has the right, but not the obligation, to remove any content or other material that it, in its sole discretion, finds to be in violation of the provisions of these Terms of Service, otherwise objectionable or stale. Users shall remain solely responsible for the content of their messages. You acknowledge and agree that neither the Netscape Network nor any of the affiliated providers shall assume or have any liability for any action or inaction by the Netscape Network with respect to any conduct within the community areas or any communication or posting on the community areas.
The Netscape Network contains links to other web sites, resources and advertisers. The Netscape Network is not responsible for the availability of these external sites nor does it endorse, or is it responsible for, the aesthetics, appeal, suitability to taste or subjective quality of informational content, advertising, products or other materials made available on or through such external sites. Under no circumstances shall the Netscape Network or any of the affiliated providers be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with the use of or reliance on any content, goods or services available on such external site. You should direct any concerns to such external site's administrator or webmaster.
A.YOU EXPRESSLY AGREE THAT USE OF THE NETSCAPE NETWORK IS AT YOUR SOLE RISK. NONE OF THE NETSCAPE NETWORK, NETSCAPE COMMUNICATION CORPORATION, THE AFFILIATED PROVIDERS OR ANY OF THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY, THE "NETSCAPE NETWORK PROVIDERS") WARRANT THAT THE NETSCAPE NETWORK AND FEATURES, OFFERINGS AND CONTENT PROVIDED BY THE AFFILIATED PROVIDERS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE NETSCAPE NETWORK OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCTS PROVIDED THROUGH THE NETSCAPE NETWORK OR THE AFFILIATED PROVIDERS.
B.THE NETSCAPE NETWORK PROVIDERS MAKE AVAILABLE THEIR SERVICES ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THE TERMS OF SERVICE. C.THE DISCLAIMERS OF LIABILITY BY THE NETSCAPE NETWORK PROVIDERS CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY (I) FAILURE OF PERFORMANCE, (II) ERROR, (III) OMISSION, (IV) INTERRUPTION, (V) DELETION, (VI) DEFECT, (VII) DELAY IN OPERATION OR TRANSMISSION, (VIII) COMPUTER VIRUS, (IX) COMMUNICATION LINE FAILURE OR (X) THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NONE OF THE NETSCAPE NETWORK PROVIDERS IS LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. D.IN NO EVENT WILL ANY NETSCAPE NETWORK PROVIDER OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICES OFFERED BY THE NETSCAPE NETWORK PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE FEATURES AND CONTENT PROVIDED BY THE NETSCAPE NETWORK PROVIDERS OR OUT OF THE BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT PROVIDED BY THE NETSCAPE NETWORK PROVIDERS. THE NETSCAPE NETWORK PROVIDERS' LIABILITY, IF ANY, TO A USER SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID TO THE NETSCAPE NETWORK BY SUCH USER. E.THE NETSCAPE NETWORK PROVIDERS NEITHER ENDORSE NOR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT OFFERED THROUGH THE NETSCAPE NETWORK, NOR FOR ANY OFFENSIVE, DEFAMATORY OR OBSCENE POSTING MADE ON THE COMMUNITY AREAS BY ANYONE OTHER THAN AUTHORIZED NETSCAPE NETWORK EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL ANY OF THE NETSCAPE NETWORK PROVIDERS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH EITHER THE CONTENT ON ANY NETSCAPE NETWORK SITES AND/OR ANY POSTINGS ON THE COMMUNITY AREAS. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE NETSCAPE NETWORK AND/OR THE COMMUNITY AREAS. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT. F.THE NETSCAPE NETWORK PROVIDERS DO NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED THROUGH THE NETSCAPE NETWORK AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN USERS 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. THE NETSCAPE NETWORK PROVIDERS MAKE PRODUCTS OR SERVICES AVAILABLE ON THE NETSCAPE NETWORK WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THE TERMS OF SERVICE. G.PRIOR TO THE EXECUTION OF A PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT, YOU ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL ADVISOR TO VERIFY PRICING AND OTHER INFORMATION. NONE OF THE NETSCAPE NETWORK PROVIDERS SHALL HAVE ANY LIABILITY FOR INVESTMENT DECISIONS BASED UPON, OR THE RESULTS OBTAINED FROM, THE CONTENT PROVIDED HEREIN. NONE OF THE NETSCAPE NETWORK PROVIDERS GUARANTEE OR WARRANT THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF ANY SUCH INFORMATION. NOTHING CONTAINED IN THE NETSCAPE NETWORK SHALL BE CONSTRUED AS INVESTMENT ADVICE. NONE OF THE NETSCAPE NETWORK PROVIDERS IS A REGISTERED BROKER-DEALER OR INVESTMENT ADVISOR, AND NONE OF THEM GIVES INVESTMENT ADVICE OR RECOMMENDS ONE PRODUCT OVER ANOTHER.
You agree to defend, indemnify and hold harmless the Netscape Network Providers and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your use of the Netscape Network.
The Netscape Network has the right to terminate your screen name or access to the Netscape Network and other Netscape properties for any reason, including, without limitation, if it, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you
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