AOL Member


The AOL White Pages are powered by WhitePages.com, Inc. Your use of the AOL White Pages is subject to the WhitePages.com Terms of Service and Use Agreement set forth below. The WhitePages.com Terms of Service and Use Agreement does not apply to other AOL Products and Services.

In addition, your use of any other AOL product or service is subject to the AOL Terms of Service.

WHITEPAGES.COM TERMS OF SERVICE AND USE AGREEMENT

LAST REVISION: June 26, 2008

Welcome to WhitePages.com. WhitePages.com, Inc. ("WhitePages," "we," or "us") provides this Web site (the "Site") and the services offered on this Site (the "Services") to you subject to the following terms and conditions. Please read them carefully. By using the Site or any of the Services, you agree to be bound by the terms and conditions of this agreement (the "Agreement"). If you would like to print this Agreement, please use the print function in your Web browser.

LICENSE

You must be 13 years or older to use this Site and the Services.

Limited License

Unless otherwise indicated, this Site and all content, and other materials on this Site, including, without limitation, the WhitePages.com logo, and all designs, text, graphics, pictures, information, data, sound files, software and files, and the selection and arrangement thereof (collectively, the "Materials") are proprietary to WhitePages or its affiliates or licensors, and are protected by U.S. and international copyright laws. Subject to your compliance with all of the terms and conditions of this Agreement, and in consideration of your promises reflected herein (and with respect to any Services requiring payment of fees, your payment of such fees), we grant to you a revocable, personal, non-exclusive, non-assignable and non-transferable license to access and use (for personal, non-commercial purposes, except where explicitly provided otherwise) this Site and cause the Materials to be displayed from a single computer and solely as permitted under this Agreement (the "License"). WhitePages and its affiliates and licensors reserve all rights not expressly granted to you in this Agreement.

General Restrictions

You will comply with all applicable laws, including without limitation, U.S. export control laws, applicable to your use of this Site, the Materials, and the Services.

You will not:

  • use this Site, Materials or Services for other than their intended purpose;
  • engage in any unauthorized use of this Site or the Services (including, without limitation, political campaigning, advertising, solicitations, promotions, resale or other commercial uses);
  • transmit or otherwise make available any data or materials that: (i) you do not have the right to provide or transmit using this Site or the Services or (ii) may expose WhitePages or its affiliates, licensors, or users to any harm or liability;
  • transmit or otherwise make available any data or materials that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • copy any portion of the Site, Materials or Services or any underlying content or source code;
  • reverse engineer, disassemble or decompile any portion of the Materials or the Services, or otherwise attempt to discover or re -create the source code to any software;
  • distribute the software or source code behind the Site, Materials, or Services to any third party;
  • make any modification, adaptation, improvement, enhancement, translation or derivative work of or to any portion of this Site, the Materials or the Services;
  • remove, alter, or obscure any copyright or other proprietary notices of WhitePages or its affiliates or licensors in any portion of the Materials or Services or on this Site;
  • obscure or disable any advertisements that appear on the Site;
  • use any type of automated means to utilize the Site, Materials, or Services;
  • access without authorization any networks, systems, or databases used in providing this Site or the Services, or to access or use any information therein for any purpose;
  • violate any requirements, policies, procedures or regulations of any network connected to this Site or the Services; interfere with or disrupt the use and enjoyment by others of this Site or the Materials or Services; or
  • falsely state, impersonate, or otherwise misrepresent your identity.

Restrictions on the Use of Data

As part of the Services, WhitePages provides you with the ability to search through our databases to find contact information and other information regarding individuals and businesses. Without in any way limiting any other restrictions in this Agreement, you represent and warrant that you will use all such information (the "Results Data") for your own personal (non-commercial use) in a strictly lawful manner. Among other limitations, you may not:

  • use any Results Data for marketing purposes, including making telemarketing calls, transmitting unsolicited paper mail, facsimile messages, text messages, email messages, or any other type of messages;
  • compile the Results Data in a database and store such data for any future use;
  • use any Results Data information for credit granting, credit monitoring, account review, insurance underwriting, employment or any other purpose covered by the Fair Credit Reporting Act, 15 U.S.C. Sec. 1681 et seq., ( "FCRA"), Federal Trade Commission interpretations of the FCRA, and similar state statutes;
  • use any Results Data information for tortious purposes, including to stalk, harass, or threaten any individual;
  • match any Results Data with information from third party databases to append, verify, or create a new database;
  • publish, transit, distribute, or resell any Results Data; or
  • store via physical media, data mine or otherwise aggregate information or data made available through any Services for any purpose outside the scope of this Agreement or any other applicable agreement between you and WhitePages.

Termination of License

WhitePages may revoke or terminate the License granted above in its sole discretion at any time. Without limiting the generality of the foregoing, we may revoke or terminate the License if you: (i) breach any obligation in these Terms of Use or in any other agreement between you and us, (ii) violate any policy or guideline applicable to this Site, the Services, or any other WhitePages service, or (iii) use this Site, Materials, or Services other than as specifically authorized in this Agreement, without our prior written permission.

Termination of Services

WhitePages may discontinue, terminate, suspend or shut down the Site or any Services at any time and for any or no reason. We may give notice of such discontinuation, termination, suspension or shut-down through any means, including, but not limited to, posting such notice on this Site or otherwise publicly proclaiming such discontinuation, termination, suspension or shut-down. Upon any such action by WhitePages, your License shall automatically terminate with respect to the affected Services and you must immediately stop using all affected Services.

ACCOUNTS

Account Creation

In order to access to certain Services, you may be asked to create a user account on this Site (an "Account"). In connection with this Account, you must provide certain information ("Registration Data") and answer all inquiries marked "required." You agree: (i) that the Registration Data you provide will be true, accurate, current and complete at the time you provide it; (ii) to maintain and update such Registration Data to keep it true, accurate, current and complete; and (iii) that WhitePages may contact you and require you to confirm some or all of your Registration Data before using certain Services. We reserves the right to terminate the License and to refuse to provide you with any and all current or future use of the Services if in our sole discretion, we determine that any of your Registration Data is, or, in our opinion, appears to be, untrue, inaccurate, not current or incomplete.

Account Security

If you register for an Account, you will be required to select a user name and password. You are responsible for maintaining the confidentiality of your user name and password and for all activities, charges and/or liabilities that occur from your Account, whether or not authorized by you. You must immediately notify WhitePages of any unauthorized use of your user name or any other breach of security of which you become aware. We will not be liable for any loss or damage arising from your failure to comply with this section.

INFORMATION

Privacy

WhitePages is committed to protecting your privacy. The personal information you provide to us as part of any Service or otherwise on this Site is governed by our Privacy Policy. Please read it carefully to understand our information practices before using this Site or the Services.

Removal Requests

In order to remove your name and contact information from our public listings, please follow these instructions: (i) search for your listing on the Site, (ii) if your search generates multiple results, click on "Listing Details" link to get your contact information, (iii) click on "Is this you? Remove Your Listing" link, and (iv) complete the request form. Please note that we do not accept opt-out requests from third parties other than verifiable authorized agents (e.g., attorneys, government agencies, the Better Business Bureau, parents of minor children). We will comply with removal requests within ten (10) business days of receipt of your request. Often, listings accessible via the Site or Services are powered by third party databases. To remove these listings, please contact the third party directly.

Information You Provide or Transmit

In the course of using this Site or the Services, you may transmit or otherwise make available certain materials or data (including information about yourself). By submitting such information, you represent and warrant that: (i) you own and control all rights to the data and materials you transmit or otherwise make available, or you have the lawful right to distribute, reproduce, and provide such data or materials; (ii) such data or materials are accurate and not misleading; and (iii) transmission or providing such data or materials does not: (a) violate this Agreement or (b) violate the rights of, or cause any injury to, any person or entity. Further, you grant us a royalty-free, perpetual, irrevocable license to use such information in connection with our present and future Services offerings. Also, you understand and agree that WhitePages retains the right to reformat, excerpt or translate any data or materials submitted by you. You understand and agree that WhitePages will not be liable for any information, publicly posted or privately transmitted on this Site or through the Se0rvices. You understand and agree that we cannot guarantee the identity, statements or representations of any other users with whom you may interact in the course of using this Site or the Services. Additionally, we cannot guarantee that any information, obtained from our users or otherwise, is accurate, complete, authentic, current or reliable.

Feedback

Any comments or materials sent to us, including, but not limited to, ideas, questions, comments, suggestions, feedback or the like regarding any WhitePages.com Offerings (defined below) or any other products or offerings of WhitePages (collectively, "Feedback"), is non-confidential and shall become our sole property. We shall have no obligation to you of any kind, monetary or non-monetary, with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works from and distribute the Feedback to others without limitation or obligation.

DISCLAIMER; LIMITATION ON LIABILITY; INDEMNIFICATION

DISCLAIMER OF WARRANTY

THIS SITE, THE SERVICES, AND ANY PRODUCTS, SOFTWARE AND MATERIALS OFFERED ON THIS SITE OR THROUGH THE SERVICES (COLLECTIVELY, THE "WHITEPAGES.COM OFFERINGS") ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SAME IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WHITEPAGES.COM OFFERINGS AND FOR ANY DISCLOSURE OF INFORMATION THAT YOU UNDERTAKE WHILE USING THIS SITE OR ANY SERVICES.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WHITEPAGES AND ITS AFFILIATES, LICENSORS AND DISTRIBUTORS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT AND IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WHITEPAGES.COM OFFERINGS.

WITHOUT LIMITING THE FOREGOING, NEITHER WHITEPAGES NOR ANY OF ITS AFFILIATES, LICENSORS OR DISTRIBUTORS, NOR ANY OF THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY, THE "WHITEPAGES PROVIDERS") REPRESENT OR WARRANT (I) THAT THE WHITEPAGES.COM OFFERINGS WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE OR ERROR FREE; (II) THAT THE WHITEPAGES.COM OFFERINGS WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, RESPONSIVE OR SECURE; (III) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE WHITEPAGES.COM OFFERINGS WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (IV) THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIALS OR ANY INFORMATION OR CONTENT ACCESSIBLE ON OR THROUGH ANY WHITEPAGES.COM OFFERINGS; (V) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; OR (VI) THAT THE WHITEPAGES.COM OFFERINGS ARE NON-INFRINGING.

SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT SHALL ANY OF THE WHITEPAGES PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (I) USE OF THE WHITEPAGES.COM OFFERINGS, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION AND CONTENT ACCESSED WITH ANY WHITEPAGES.COM OFFERINGS, (II) ANY USE OR INABILITY TO USE THE WHITEPAGES.COM OFFERINGS FOR WHATEVER REASON, OR (III) ANY GOODS OR SERVICES DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH ANY WHITEPAGES.COM OFFERINGS, IN EACH CASE EVEN IF THE WHITEPAGES PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE WHITEPAGES PROVIDERS ARISING OUT OF OR RELATING TO THE USE OF THE WHITEPAGES.COM OFFERINGS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO WHITEPAGES FOR ACCESS TO OR USE OF THE WHITEPAGES.COM OFFERINGS.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification Obligations

You agree to hold harmless, defend and indemnify the WhitePages Providers from all liabilities, claims, demands and expenses, (including, but not limited to, reasonable attorneys' fees), that are due to, arise from or otherwise relate to your conduct or your use or misuse of any WhitePages.com Offerings, including, without limitation, any actual or threatened suit, demand or claim made against any WhitePages Provider that arises out of or relates to: (i) any intellectual property rights or other proprietary rights of any third party, (ii) your breach of any covenant, representation or warranty in this Agreement; (iii) your use of any WhitePages.com Offerings; or (iv) any content that you store on or transmit through the Site or any Services. WhitePages may assume exclusive control of any defense of any matter subject to indemnification by you, and you agree to cooperate with WhitePages in such event.

MISCELLANEOUS

Spam and Communications Guidelines

You may not use the Services or any name, trademarks or other intellectual property of WhitePages in conjunction with the sending of unsolicited commercial email, nor may you cause any WhitePages Web site, service or equipment, network connectivity or other resources to originate, deliver, relay or otherwise transmit unsolicited commercial email messages. Further, you may not engage in any of the foregoing prohibited activities by using any other provider, third-party agent, re-mailing service, or address forwarding service in such a way that our intellectual property, network addresses or Services are in any way associated or likely to be associated with the sending of unsolicited commercial email. Other prohibited methods of advertising or promoting your involvement with WhitePages include, but are not limited to: (i) postings or transmissions of messages in violation of any published guidelines or specifications for the use of any Service that allows you to post or transmit messages; or (ii) multiple or otherwise abusive postings or transmissions of messages, using the Site's referral features, or other services, to Usenet newsgroups, mailing lists, chat rooms, instant messaging programs, social networking sites or networks or other online forums. Please report any incidents of "spamming" or similar inappropriate behavior to WhitePages immediately.

Third Party Links

WhitePages may, as a convenience to its users, include links to third-party Web sites or content on this Site and from the Services. WhitePages is not responsible in any way for, and does not make any representation, warranty or guarantee regarding any third party Web sites and resources which may be accessed through this Site or the Services. In addition, WhitePages does not endorse or adopt, and is not responsible or liable for: (i) any content, advertising, goods or services, or other materials available on or from such Web sites or resources, or (ii) any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, goods, services or other materials on or available from such Web sites or resources.

Notification of Claimed Infringement

If you believe that any material available on this Site infringes upon any copyright you own or control, or that any link on the Site directs users to another Web site that contains material that you own or control, please send us a notice of infringement (an "Infringement Notice"). An Infringement Notice must be in writing (sent by fax or regular mail - not by email) and should set forth the items specified below. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights.

To expedite our ability to process an Infringement Notice, please provide the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you believe is being infringed;
  • A description of the location of the material that you believe is infringing the copyrighted work;
  • You contact information (please include your address, telephone number, and email address);
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the information contained in your Infringement Notice is accurate and that you are the owner of the copyright interest or authorized to act on his or her behalf. Sign the Infringement Notice and send the written communication to Balasubramani Law PLLC; Attn: Venkat Balasubramani; 8426 40th Ave SW; Seattle, WA 98136; Fax: (206) 260-3966.

Notices

WhitePages may provide you notice of changes to this Agreement or any other matter by displaying notices to you generally on this Site or, at its option, by using any contact information you have provided to WhitePages. You agree that notice by the foregoing means shall be deemed complete when transmitted by WhitePages. All notices to WhitePages (other than notices of claimed infringement, which shall be transmitted as specified above) shall be delivered in writing and must be sent by either overnight courier or certified mail, return receipt requested to:

WhitePages.com, Inc.
Attn: Legal Department
1301 Fifth Ave, Suite 1600
Seattle, WA 98101

Time Limitation on Claims and Causes of Action

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or your use of the Site or the Services must be filed within one (1) year after such claim or cause of action arose. Any claim not filed within the foregoing one (1) year period shall be forever barred.

Severability

If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and such decision will not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.

Governing Law; Venue

YOUR USE OF THIS SITE AND THE SERVICES SHALL BE GOVERNED BY, AND THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF WASHINGTON, USA, AS THEY APPLY TO AGREEMENTS MADE AND SOLELY PERFORMED THEREIN. YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTIONS TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN KING COUNTY, WASHINGTON, USA FOR ANY ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SITE, SERVICES, OR MATERIALS. YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS.

Relation to Other Agreements; Changes to the Agreement

WhitePages may operate, individually or jointly with third parties, other Web sites that incorporate WhitePages.com Offerings. These other Web sites may operate under different user agreements than this Site (the terms and conditions of other such user agreements are not affected in any way by this Agreement). We encourage you to review applicable policies and agreements when you visit any Web site, including this Site.

WhitePages reserves the right to revise this Agreement at any time by posting a revised Agreement on this Site. If we make material revisions to this Agreement, we will use the date at the top of this Agreement to indicate the date it was last revised. The revised Agreement will be effective immediately upon its being posted on this Site. Your use of this Site or any Services following the posting of any such revisions will constitute your acceptance of any such revisions. We encourage you to review this Agreement each time you use this Site or any Service to make sure that you understand the applicable terms. If you do not agree to all the terms and conditions in this Agreement, you must immediately terminate your use of this Site and any Services.

BACK TO WHITEPAGES.COM TERMS OF USE

AOL.COM TERMS OF USE

Welcome to AOL.COM, which is provided by AOL LLC (either "we" or "us"). These Terms of Use govern your use of the websites, content, software and services offered through AOL.COM (collectively, "AOL.COM").

YOUR AFFIRMATIVE ACT OF USING AOL.COM SIGNIFIES THAT YOU AGREE TO THE FOLLOWING TERMS OF USE, YOU CONSENT TO THE INFORMATION PRACTICES DISCLOSED IN THE AOL NETWORK PRIVACY POLICY, AND YOU CONSENT TO RECEIVE REQUIRED NOTICES AND TO TRANSACT WITH US ELECTRONICALLY. IF YOU DO NOT AGREE, DO NOT USE AOL.COM.

CHANGES TO THE TERMS OF USE

We may change these Terms of Use at any time. You can review the most current version of these terms by clicking on the "Terms of Use" hypertext link located at the bottom of our web pages. You are responsible for checking these terms periodically for changes. If you continue to use AOL.COM after we post changes to these Terms of Use, you are signifying your acceptance of the new terms.

REGISTERED USERS

Certain enhanced services, such as e-mail or online calendars, are available only to registered users of the AOL Network and require you to sign in with a screen name to use them. Your use of these enhanced services as a registered user of the AOL Network will be subject to the AOL Network Registered User Terms of Service. You will be given the opportunity to join the AOL Network when you sign up for any enhanced service that requires registration.

ADDITIONAL TERMS

Certain areas of AOL.COM, such as sites where you can upload or download files, may include usage guidelines and rules that will supplement these Terms of Use. By using those services on AOL.COM, you agree to comply with such guidelines and rules.

ELECTRONIC DELIVERY POLICY AND YOUR CONSENT.

You agree that we may provide to you required notices, agreements and other information concerning AOL.COM electronically. We will post the notices on the home page of AOL.COM or on the relevant web page of the applicable service. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of AOL.COM.

PRIVACY POLICY

The AOL Network Privacy Policy explains the practices that apply to your information when you use AOL.COM. Your ongoing use of AOL.COM signifies your consent to the information practices disclosed in our Privacy Policy. You can review the Privacy Policy by clicking on the "Privacy Policy" link located on the home page of AOL.COM.

CHANGES TO AOL.COM

We may discontinue or change any service or feature on AOL.COM at any time and without notice.

ACCESS COSTS

You must provide at your own expense the equipment and Internet connections that you will need to access and use AOL.COM. If you access AOL.COM through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location. Also, if you access AOL.COM through wireless applications (e.g., cell phones), your carrier, such as a wireless carrier, may charge fees for alerts, web browsing, messaging and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether there are any such fees that may apply to you. You are soley responsible for any costs you incur to access AOL.COM through any wireless or other communication service.

YOUR RESPONSIBILITIES

You may use AOL.COM for lawful purposes only. You may not submit or transmit through AOL.COM any material, or otherwise engage in any conduct that:

  1. violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights,
  2. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts,
  3. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability,
  4. impersonates any person, business or entity, including AOL and its employees and agents,
  5. contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network,
  6. encourages conduct that would constitute a criminal offense, or that gives rise to civil liability,
  7. violates these Terms of Use, guidelines or any policy posted on AOL.COM, or
  8. interferes with the use of AOL.COM by others.

You may not use AOL.COM in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of AOL.COM. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Use.

NO SPAM

You may not use AOL.COM or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use AOL.COM to violate the terms of this section. We may terminate your access or use of AOL.COM immediately and take any other legal action if you, or anyone using your access to AOL.COM, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining with in our computer or communications networks.

PROPRIETARY RIGHTS

We, our suppliers, and our users who lawfully post text, messages, information, software, images, audio and video ("Content") on AOL.COM own the property rights to that Content. The Content is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights. For example, we own a copyright in the selection, organization, arrangement, and enhancement of the Content, as well as in our original Content. The look and feel of our color combinations, button shapes, and other graphical elements on AOL.COM are our trademarks.

LICENSE TO USE AOL.COM

You may use AOL.COM and the Content offered on AOL.COM only for personal, non-commercial purposes. You may use Content offered for downloading, such as photos and music, for personal use only and subject to the rules that accompany that particular Content. You may not use the Content in a manner that exceeds the rights granted for your use of the Content. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of AOL.COM or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content. Visit our Copyright Permission Page for information on how you can request permission to reproduce certain Content from AOL.COM.

CONTENT YOU POST TO PUBLIC AREAS

Certain areas of AOL.COM may allow you to post Content that can be accessed and viewed by others, including the public in general. You may only post Content to public areas on AOL.COM that you created or that you have permission to post. You may not post Content that violates these Terms of Use. We do not claim ownership of any Content that you may post. However, by submitting Content to public areas of AOL.COM, you grant us, our parent, affiliates, and distributors the right to use, copy, display, perform, distribute, adapt and promote this Content in any medium.

NO DUTY TO MONITOR

You agree that we are not liable for Content that is provided by others. We have no duty to pre-screen Content, but we have the right to refuse to post or to edit submitted Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material.

PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

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

THIRD PARTY SITES; ADVERTISERS

AOL.COM may include links to third party websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third party sites or services. You acknowledge and agree that we are not responsible or liable for any Content or other materials on these third party sites. Any dealings that you have with advertisers found on AOL.COM are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.

USE OF SOFTWARE

We may make software available for you to download or use. Such software will be subject to the terms of the license agreement that accompanies it. If there is no license agreement presented to you with the software, then the following license, in addition to the other terms of these Terms of Use govern your use of such software. We grant you a personal, non-exclusive, non-transferable, limited license to install the software on any single computer. The software is protected by copyright and other intellectual property laws and treaties and is owned by us or our suppliers. You may not sell or redistribute the software. You may not incorporate it or any portion of it into another product. You may not reverse engineer, decompile, or disassemble the software or otherwise attempt to derive the source code (except where expressly permitted by law). You may not modify, adapt, or create derivative works from the software in any way or remove proprietary notices in the software. You agree to abide by all laws and regulations in effect regarding your use of the software. You may not authorize or assist any third party to do any of the things prohibited in this paragraph. We may automatically check your version of the software and update it to improve its performance and capabilities. If you shut down the software during an automatic update or otherwise interfere with the installation of the update, the software may be damaged and/or cease to operate.

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 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 27.405(b)(2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government end users acquire the software with only those rights as set forth herein.

You agree to fully comply with all import and export laws, regulations, rules and orders of the United States, or any foreign government agency or authority, and that you will not directly or indirectly export, re-export, transfer and/or release the software, related technology, or any product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from the U.S. and/or foreign government. You bear responsibility for and assume all expenses relating to your compliance with the described laws, regulations, rules and orders, and for obtaining all necessary authorizations and clearances. You further agree to assume responsibility for and bear all expenses relating to your compliance with the described laws, regulations, rules and orders, and obtaining all necessary authorizations and clearances.

DISCLAIMER OF WARRANTIES

We provide AOL.COM "as is", "with all faults" and "as available." We and our suppliers make no express warranties or guarantees about AOL.COM. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT AOL.COM AND ALL SOFTWARE, CONTENT AND SERVICES DISTRIBUTED THROUGH AOL.COM ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT AOL.COM WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF AOL.COM, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE AOL.COM (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AN AOL REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change.

LIMITATION OF LIABILITY

YOUR EXCLUSIVE REMEDY REGARDING ANY SOFTWARE PROVIDED BY US SHALL BE THE REPLACEMENT OF ANY SUCH SOFTWARE FOUND TO BE DEFECTIVE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF AOL.COM. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR PARENT AND OUR SUPPLIERS FOR ANY AND ALL CLAIMS RELATING TO THE USE OF AOL.COM EXCEED THE TOTAL AMOUNT OF SERVICE FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE. WE, OUR PARENT, AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON AOL.COM. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. 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, AND THE LIABILITY OF OUR PARENT AND SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

INDEMNIFICATION

Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of AOL.COM. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

INTERNATIONAL USE

We make no representation that Content on AOL.COM is appropriate or available for use in locations outside the United States, and accessing it from territories where the Content is illegal is prohibited. If you choose to access AOL.COM from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.

CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES

You agree that the laws of the Commonwealth of Virginia govern 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 and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, 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.

SEVERABILITY AND INTEGRATION

This contract and any supplemental terms, policies, rules and guidelines posted on AOL.COM constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use 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.

TERMINATION

Your right to use AOL.COM automatically terminates if you violate these Terms of Use or any rules or guidelines posted in connection with AOL.COM. We also reserve the right, in our sole discretion, to terminate your access to all or part of AOL.COM, for any reason, with or without notice.

Last Updated: 04-23-2006