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- Yahoo! Messenger Terms of Service
-
- 1. ACCEPTANCE OF TERMS
- Welcome to Yahoo Messenger. Yahoo provides this service to you,
- subject to the following Terms of Service ("TOS"), which may be
- updated by us from time to time without notice to you. You can review
- the most current version of the TOS at any time at:
- [5]http://docs.yahoo.com/info/terms/messenger.html. BY CLICKING THE "I
- ACCEPT" BUTTON (IN ORDER TO DOWNLOAD AND INSTALL YAHOO MESSENGER ON
- YOUR COMPUTER) YOU AGREE TO BE BOUND BY THESE TOS.
- 2. DESCRIPTION OF SERVICE
- Yahoo Messenger (the "Service") provides users with the capability to
- see when their friends are online, send and receive instant messages,
- electronic mail, alerts and other material and information via the
- World Wide Web. By registering and using the Service, you acknowledge
- that other users of the Service may elect to receive a notification
- from the Service when you sign on and may send you instant messages
- and other information via the Service. If you desire to block the
- notification feature of the Service sent to other users or if you
- don't want to receive messages from such users, you can enable the
- "Ignore" feature of the Service. The "Ignore" feature allows you to
- create a list of users you wish to block that you can review and edit
- from time to time. Your ability to send and receive instant messages
- and other information may be blocked by Yahoo and by other users,
- which may partially or wholly limit your ability to use the Service.
- By using the Service, you agree that Yahoo has no responsibility for
- the assessment, or for resolving any disputes arising from a User's
- ability to ignore, send messages or otherwise use the Service.
- In order to use the Service, you must obtain access to the World Wide
- Web, either directly or through devices that access web-based content,
- and pay any service fees associated with such access. In addition, you
- must provide all equipment necessary to make such connection to the
- World Wide Web, including a computer and modem or other access device.
- The Service and any necessary software used in connection with the
- Service ("Software") contain proprietary and confidential information
- that is protected by applicable intellectual property and other laws.
- Yahoo grants you a personal, non-transferable and non-exclusive right
- and license to use the object code of the Software on a single
- computer; provided that you do not (and do not allow any third party
- to) copy, modify, create a derivative work of, reverse engineer,
- reverse assemble or otherwise attempt to discover any source code,
- sell, assign, sublicense, grant a security interest in or otherwise
- transfer any right in the Software. You agree not to modify the
- Software in any manner or form, or to use modified versions of the
- Software, including (without limitation) for the purpose of obtaining
- unauthorized access to the Service. All Software provided to the U.S.
- Government pursuant to solicitations issued on or after December 1,
- 1995 is provided with the commercial rights and restrictions described
- herein. In addition, you agree that the Software may not be acquired,
- shipped, transported, exported, or reexported (1) into (or to a
- national or resident of) any U.S. embargoed country or (2) to anyone
- on the U.S. Treasury Department's list of Specially Designated
- Nationals or the U.S. Department of Commerce's Table of Denial Orders.
- By using the Software, you represent and warrant that you are not
- located in, under control of, or a national or resident of any such
- country or on any such list.
- Unless explicitly stated otherwise, any new features that augment or
- enhance the current Service, shall be subject to the TOS. You
- understand and agree that the Service is provided "AS-IS" and that
- Yahoo assumes no responsibility for the timeliness, deletion,
- mis-delivery or failure to store any user communications or
- personalization settings. You also understand that Yahoo is not
- responsible for the security or privacy of communications sent via the
- Service where the Service is being accessed via wireless devices.
- 3. MEMBER ACCOUNT, PASSWORD AND SECURITY
- If you don't already have a YahooID and password, you will be prompted
- to complete the Yahoo registration process. You are responsible for
- maintaining the confidentiality of the password and account, and are
- fully responsible for all activities that occur under your password or
- account. You agree to (a) immediately notify Yahoo of any unauthorized
- use of your password or account or any other breach of security, and
- (b) ensure that you exit from your account at the end of each session.
- Yahoo cannot and will not be liable for any loss or damage arising
- from your failure to comply with this Section 3. The Service may allow
- you to communicate with users of other instant messaging products. In
- that event, you acknowledge and agree that (i) your use of the Service
- is subject to the TOS and the terms governing the use of other instant
- messaging products you have agreed to, if any, that are consistent
- with the TOS and (ii) users of other instant messaging products are
- subject to the terms governing such other instant messaging products.
- Yahoo assumes no responsibility for the conduct or content of messages
- sent by users of other instant messaging products.
- 4. YAHOO PRIVACY POLICY
- Your registration data and other information about you is subject to
- our Privacy Policy. For more information, please see our full privacy
- policy at [6]http://docs.yahoo.com/info/privacy/.
- 5. MEMBER CONDUCT
- You understand that all information, data, text, software, music,
- sound, photographs, graphics, video, messages or other materials
- ("Content"), whether publicly posted or privately transmitted, are the
- sole responsibility of the person from which such Content originated.
- This means that you, and not Yahoo, are entirely responsible for all
- Content that you upload, post or otherwise transmit via the Service.
- Yahoo does not control the Content posted via the Service and, as
- such, does not guarantee the accuracy, integrity or quality of such
- Content. You understand that by using the Service, you may be exposed
- to Content that is offensive, indecent or objectionable. Under no
- circumstances will Yahoo be liable in any way for any Content,
- including, but not limited to, for any errors or omissions in any
- Content, or for any loss or damage of any kind incurred as a result of
- the use of any Content posted or otherwise transmitted via the
- Service.
- You agree to not use the Service to:
- a. upload, post, incorporate or otherwise transmit any Content that
- is unlawful, harmful, threatening, abusive, harassing, tortious,
- defamatory, vulgar, obscene, libelous, invasive of another's
- privacy, hateful, or racially, ethnically or otherwise
- objectionable;
- b. harm minors in any way;
- c. impersonate any person or entity, including, but not limited to, a
- Yahoo official, forum leader, guide or host, or falsely state or
- otherwise misrepresent your affiliation with a person or entity;
- d. forge headers or otherwise manipulate identifiers in order to
- disguise the origin of any Content transmitted through the
- Service;
- e. upload, post or otherwise transmit any Content that you do not
- have a right to transmit under any law or under contractual or
- fiduciary relationships (such as inside information, proprietary
- and confidential information learned or disclosed as part of
- employment relationships or under nondisclosure agreements);
- f. upload, post, incorporate or otherwise transmit any Content that
- infringes any patent, trademark, trade secret, copyright or other
- proprietary rights ("Rights") of any party;
- g. upload, post or otherwise transmit any unsolicited or unauthorized
- advertising, promotional materials, "junk mail," "spam," "chain
- letters," "pyramid schemes," or any other form of solicitation;
- h. upload, post or otherwise transmit any material 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;
- i. disrupt the normal flow of dialogue, cause a screen to "scroll"
- faster than other users of the Service are able to type, or
- otherwise act in a manner that negatively affects other users'
- ability to engage in real time exchanges;
- j. interfere with or disrupt the Service or servers or networks
- connected to the Service, or disobey any requirements, procedures,
- policies or regulations of networks connected to the Service;
- k. intentionally or unintentionally violate any applicable local,
- state, national or international law, including, but not limited
- to, regulations promulgated by the U.S. Securities and Exchange
- Commission, any rules of any national or other securities
- exchange, including, without limitation, the New York Stock
- Exchange, the American Stock Exchange or the NASDAQ, and any
- regulations having the force of law;
- l. "stalk" or otherwise harass another; or
- m. collect or store personal data about other users.
-
- You understand that the technical processing and transmission of the
- Service, including your Content, may involve (a) transmissions over
- various networks; and (b) changes to conform and adapt to technical
- requirements of connecting networks or devices.
- 7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
- Recognizing the global nature of the Internet, you agree to comply
- with all local rules regarding online conduct and acceptable Content.
- Specifically, you agree to comply with all applicable laws regarding
- the transmission of technical data exported from the United States or
- the country in which you reside.
- 9. INDEMNITY
- You agree to indemnify and hold Yahoo, and its subsidiaries,
- affiliates, officers, agents, co-branders or other partners, and
- employees, harmless from any claim or demand, including reasonable
- attorneys' fees, made by any third party due to or arising out of
- Content you submit, post to or transmit through the Service, your use
- of the Service, your connection to the Service, your violation of the
- TOS, or your violation of any rights of another.
- 10. NO RESALE OF SERVICE
- You agree not to reproduce, duplicate, copy, sell, resell or exploit
- for any commercial purposes, any portion of the Service, use of the
- Service, or access to the Service.
- 11. GENERAL PRACTICES REGARDING USE AND STORAGE
- You acknowledge that Yahoo may establish general practices and limits
- concerning use of the Service. You agree that Yahoo has no
- responsibility or liability for the deletion or failure to store any
- messages and other communications or other Content maintained or
- transmitted by the Service. You acknowledge that Yahoo reserves the
- right to log off accounts that are inactive for an extended period of
- time. You further acknowledge that Yahoo reserves the right to change
- these general practices and limits at any time, in its sole
- discretion, with or without notice.
- 12. MODIFICATIONS TO SERVICE
- Yahoo reserves the right at any time and from time to time to modify
- or discontinue, temporarily or permanently, the Service (or any part
- thereof) with or without notice. You agree that Yahoo shall not be
- liable to you or to any third party for any modification, suspension
- or discontinuance of the Service.
- 13. TERMINATION
- You agree that Yahoo, in its sole discretion, may terminate your
- password, account (or any part thereof) or use of the Service, and
- remove and discard any Content within the Service, for any reason,
- including, without limitation, for lack of use or if Yahoo believes
- that you have violated or acted inconsistently with the letter or
- spirit of the TOS. Yahoo may also in its sole discretion and at any
- time discontinue providing the Service, or any part thereof, with or
- without notice. You agree that any termination of your access to the
- Service under any provision of this TOS may be effected without prior
- notice, and acknowledge and agree that Yahoo may immediately
- deactivate or delete your account and all related information and
- files in your account and/or bar any further access to such files or
- the Service. Further, you agree that Yahoo shall not be liable to you
- or any third-party for any termination of your access to the Service.
- 14. DEALINGS WITH ADVERTISERS
- Your correspondence or business dealings with, or participation in
- promotions of, advertisers found on or through the Service, including
- payment and delivery of related goods or services, and any other
- terms, conditions, warranties or representations associated with such
- dealings, are solely between you and such advertiser. You agree that
- Yahoo shall not be responsible or liable for any loss or damage of any
- sort incurred as the result of any such dealings or as the result of
- the presence of such advertisers on the Service.
- 15. LINKS
- The Service may provide, or third parties may provide, links to other
- World Wide Web sites or resources. You acknowledge and agree that
- Yahoo is not responsible for the availability of such external sites
- or resources, and does not endorse and is not responsible or liable
- for any Content, advertising, products, or other materials on or
- available from such sites or resources. You further acknowledge and
- agree that Yahoo shall not be responsible or liable, directly or
- indirectly, for any damage or loss caused or alleged to be caused by
- or in connection with use of or reliance on any such Content, goods or
- services available on or through any such site or resource.
- 16. DISCLAIMER OF WARRANTIES
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
- PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YAHOO EXPRESSLY
- DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
- INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
- MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
- NON-INFRINGEMENT.
- b. YAHOO MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
- REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
- SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM
- THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE
- QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
- PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
- EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE
- CORRECTED.
- c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
- THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU
- WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
- OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
- MATERIAL.
- d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
- FROM YAHOO OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
- WARRANTY NOT EXPRESSLY STATED IN THE TOS.
-
- 17. LIMITATION OF LIABILITY
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT YAHOO SHALL NOT BE LIABLE FOR
- ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
- DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
- GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YAHOO HAS BEEN
- ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE
- USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT
- OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
- INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
- TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v)
- ANY OTHER MATTER RELATING TO THE SERVICE.
- 18. EXCLUSIONS AND LIMITATIONS
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
- THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
- CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF
- SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.
- 19. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
- If you intend to receive or request any news, messages, alerts or
- other information from the Service concerning companies, stock quotes,
- investments or securities, please read the above Sections 16 and 17
- again. They go doubly for you. In addition, for this type of
- information particularly, the phrase "Let the investor beware" is apt.
- The Service is provided for informational purposes only, and no
- Content included in the Service is intended for trading or investing
- purposes. Yahoo shall not be responsible or liable for the accuracy,
- usefulness or availability of any information transmitted via the
- Service, and shall not be responsible or liable for any trading or
- investment decisions made based on such information.
- 20. NOTICE
- Notices to you may be made via either email or regular mail. The
- Service may also provide notices of changes to the TOS or other
- matters by displaying notices or links to notices to you generally on
- the Service.
- 21. GENERAL INFORMATION
- The TOS constitute the entire agreement between you and Yahoo and
- govern your use of the Service, superceding any prior agreements
- between you and Yahoo. You also may be subject to additional terms and
- conditions that may apply when you use affiliate services, third-party
- content or third-party software. The TOS and the relationship between
- you and Yahoo shall be governed by the laws of the State of California
- without regard to its conflict of law provisions. You and Yahoo agree
- to submit to the personal and exclusive jurisdiction of the courts
- located within the county of Santa Clara, California. The failure of
- Yahoo to exercise or enforce any right or provision of the TOS shall
- not constitute a waiver of such right or provision. If any provision
- of the TOS is found by a court of competent jurisdiction to be
- invalid, the parties nevertheless agree that the court should endeavor
- to give effect to the parties' intentions as reflected in the
- provision, and the other provisions of the TOS remain in full force
- and effect. You agree that regardless of any statute or law to the
- contrary, any claim or cause of action arising out of or related to
- use of the Service or the TOS must be filed within one (1) year after
- such claim or cause of action arose or be forever barred. You agree
- that you will not export or re-export the Software, any part thereof,
- or any process or service that is the direct product of the Software
- (the foregoing collectively referred to as the "Restricted
- Components"), to any country, person or entity subject to U.S. export
- restrictions. The section titles in the TOS are for convenience only
- and have no legal or contractual effect.
- 22. VIOLATIONS
- Please report any violations of the TOS to [7]abuse@yahoo-inc.com.
- _________________________________________________________________
-
- Copyright © 1999 Yahoo! Inc. All rights reserved. [8]Privacy Policy
-
-References
-
- 1. http://docs.yahoo.com/
- 2. http://www.yahoo.com/
- 3. http://howto.yahoo.com/
- 4. http://mail.yahoo.com/
- 5. http://docs.yahoo.com/info/terms/messenger.html
- 6. http://docs.yahoo.com/info/privacy/
- 7. mailto:abuse@yahoo-inc.com
- 8. http://docs.yahoo.com/info/privacy/