AIM TERMS OF SERVICE

THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND AMERICA ONLINE, INC. ("AOL") GOVERNING YOUR USE OF AIM PRODUCTS. "AIM PRODUCTS" MEANS THE AOL INSTANT MESSENGER ("AIM") SERVICE, THE AIM SOFTWARE, THE AIM NETWORK, THE AIM WEBSITES (INCLUDING THE CONTENT OF THOSE SITES), AND OTHER ASSOCIATED SOFTWARE, TOOLS, FEATURES, AND SERVICES PROVIDED WITH OR THROUGH AIM. BY CLICKING THE ACCEPTANCE BUTTON BELOW OR REGISTERING FOR THE AIM SERVICE AND/OR USING THE AIM PRODUCTS, YOU AGREE TO THESE AIM TERMS OF SERVICE (THE "TOS"), YOU AGREE TO RECEIVE NOTICES FROM AOL ELECTRONICALLY, YOU AGREE TO THE PRIVACY PRACTICES DESCRIBED IN THE PRIVACY POLICY LOCATED AT HTTP://WWW.AIM.COM/TOS/PRIVACY_POLICY.ADP, AND YOU CONSENT TO JURISDICTION IN THE STATE OF VIRGINIA FOR ANY DISPUTE. YOU ACKNOWLEDGE THAT AOL OFFERS THE AIM PRODUCTS WITHOUT WARRANTIES (SEE PARAGRAPH 28) AND THAT YOUR REMEDIES ARE LIMITED (SEE PARAGRAPH 29). IF YOU DO NOT AGREE TO THE TOS, CANCEL OUT OF YOUR INSTALLATION OR REGISTRATION OF THE AIM PRODUCT AND DO NOT INSTALL OR USE THE AIM PRODUCTS. THIS TOS SUPERSEDES THE TERMS OF SERVICE ACCOMPANYING ANY PRIOR VERSION OF AIM YOU HAVE USED. IF YOU ARE A USER OF ENTERPRISE AIM PRODUCTS OR CO-BRANDED AIM PRODUCTS, ADDITIONAL TERMS AND PRIVACY CONDITIONS MAY APPLY TO YOUR USE OF AIM. 

1.	LATENT DISTRIBUTION OF COMPONENTS. Some of the AIM software has been designed so that it can be delivered in segments to ensure that the download will be quick and convenient. In such cases, a small piece of software (the "Stub") may be installed initially that can then "call out" over the Internet to a web server and complete its installation on your computer at a later time (i) during the installation process, (ii) when the Stub detects that you have available bandwidth, or (iii) when you have requested use of a function that requires that portion of the software. This mechanism will only be used to complete the installation of the AIM software you have chosen to install. 

2.	PRIVACY. The Privacy Policy available at http://www.aim.com/tos/privacy_policy.adp) explains AOL’s information practices that apply to your Registration Information and other information about you and your use of the AIM Products. You consent to the transfer of this information to and within the United States or other countries for processing and storage by us. Additionally, you agree that AOL may use your Screen Name to authenticate you on the AIM service. 

3.	ADDITIONAL SERVICES.  Other products and services from AOL and its affiliates ("Additional Services") may be made available through the AIM Products, sometimes for a fee. Use of each Additional Service may be governed by different or additional terms and conditions. Such additional terms and conditions will be presented to you at the time you decide to register for or use one of these Additional Services. The Additional Services may also be subject to different information collection and usage practices. If this is the case, you will be notified prior to your use of the Additional Service of the applicable privacy policy, which will describe the relevant information collection and usage practices. Some features, services, and components may be available for use only by certain categories of users, such as members of fee-based services offered by AOL or its affiliates. 

4.	MODIFICATION TO THE TERMS OF SERVICE. AOL may change the TOS at any time and in its sole discretion. AOL will provide at least 30-days' notice before any material changes take effect. If you do not agree with the modified TOS, discontinue using the AIM Products. Your affirmative act of continuing to use an AIM Product after a change takes effect signifies your agreement to the new terms.

5.	REGISTRATION. Some AIM Products require the user to register and provide information to AOL, such as name, e-mail address, gender, date of birth, and/or zip code (the "Registration Information"). You agree that you will provide accurate and complete Registration Information and that you will keep such information current. In order to use services that require registration you will need a valid AOL Screen Name. If you already have a Screen Name through registration for a prior version of AIM or another AOL-authorized service, you may use that same Screen Name in connection with this version of AIM. If you do not have a Screen Name, you can obtain one by registering for the AOL Network on the AOL.com website. You may not have a Screen Name that is vulgar, attempts to impersonate another person or violates the rights of others. AOL also may reject any Screen Name that it determines in its discretion is unacceptable for use on an AOL service. 

6.	INACTIVE STATUS. AOL reserves the right to deactivate your Screen Name and delete any data (in any form) in any AIM Product if your Screen Name has not been used for over ninety (90) days. This does not apply if your Screen Name is connected to a fee-based service to which you are a subscriber in good standing. If your Screen Name is canceled, you will need to re-register to gain access to registration-based features and tools. If your Screen Name is canceled, AOL has the right to assign it to another user. You agree that AOL has no responsibility or liability for the deletion or failure to store any data contained in deactivated AOL Products.

7.	EMAIL ACCOUNTS. If you sign up for a free email service, your use of that email service will be governed by the AOL Network Registered User Terms of Service, which will be presented to you during the registration process. 

8.	WEBSITE ALERT FEATURE. For your benefit, AOL may incorporate new features into the AIM Products to make your browsing experience safer, such as, using website "watch lists" to provide notice to you of websites that have been identified by AOL or its trusted providers as being associated with potentially unsafe or problematic business practices. The watch lists may include sites that fail to meet certain criteria on activities such as phishing, the handling of private information, and/or distribution of spyware and adware. An AIM Product that includes this feature will display a warning to the user to proceed with caution when using such sites. You agree that AOL has no obligation to independently verify these website lists and AOL takes no responsibility for their accuracy. You may use the notices generated from the watch lists at your convenience and discretion. You understand and agree that these watch lists are not comprehensive and may not be accurate; the lack of a warning about any particular site does not necessarily mean the site meets any established criteria and does not indicate endorsement by AOL or its trusted providers of the safety, privacy, or business practices of any particular website. You alone have responsibility for ensuring that sites you visit using an AIM Product offer an appropriate level of protection to meet your needs. The watch lists are stored locally on your computer in encrypted form. When you type in or click on a URL, the AIM Product will check the watch lists on your computer, and if that URL is on one of the lists, present to you the applicable notice. AOL does not collect or track information on your web surfing activities. The watch lists may be updated on your computer from time to time in the background while you are connected to the Internet.

9.	ANTI-SPYWARE TOOLS. Some AIM Products may include a tool called Spyware Quick Scan that searches your computer for unwanted programs that may cause security risks, connection problems, or otherwise interfere with your online experience. When it detects any such program, the Spyware Quick Scan tool will ask you whether you want to disable the unwanted program. If you elect to use the Spyware Quick Scan tool, please keep in mind that disabling these unwanted programs may cause other software on your computer to stop working, and it may cause you to breach a license to use other software on your computer, if the other software installed the unwanted program on your computer as a condition of your use of the other software. You should read the license agreements for other software before authorizing the disabling of any unwanted program. By using this software, it is possible that you will also disable software that is not an unwanted program. You are solely responsible for selecting which unwanted programs the Spyware Quick Scan tool disables. 

10.	YOUR RESPONSIBILITY. You are responsible for all activity made by anyone who uses your AIM account and Screen Name. You agree to keep confidential the passwords associated with your account. You agree to indemnify and hold harmless AOL for losses incurred by AOL or another party due to the use made of your AIM Products by someone else or if you fail to use reasonable care while using the AOL Products. The AIM Products are intended for general audiences. You represent and warrant that you have adequate legal capacity to enter into binding agreements such as these TOS.

11.	COMMUNICATIONS. You are responsible for obtaining and paying for your own Internet access, and for determining whether you will be charged any fees for accessing services such as web browsing and instant messaging using the type of connection and device of your choice. 

12.	YOU MAY USE AIM PRODUCTS FOR LAWFUL PURPOSES ONLY. You may use AIM Products for lawful purposes only. You may not post on or transmit through community areas (e.g., message boards, chat, e-mail, calendars, instant messaging products) or other means 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, (5) violates any policies posted in any community areas or (6) otherwise violates any law. You also may not undertake any conduct that, in AOL's judgment, restricts or inhibits any other user from using or enjoying the AIM Products, including without limitation the community areas. 

13.	NO SPAM. You may not use any AIM Products or other communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest information about other users of AOL products and services for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not allow others to use your account to violate the terms of this section. AOL may terminate your account immediately and take other legal action if you or anyone using your account violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks.

14.  PROPRIETARY RIGHTS.  AOL and its licensors retain all title, ownership, and intellectual property rights in the AIM Products. The AIM Products are protected by copyright and other intellectual property laws and by international treaties. Title and related rights in the content accessed through the AIM Products, including without limitation text, photos, music, and videos ("Content"), are the property of the applicable Content owners and are protected by applicable law. These laws restrict your rights with respect to such Content. Some of the Content may also include security measures designed to control access and prevent unauthorized copying and use of copyrighted materials. You agree not to interfere with any such security components. The license granted under the TOS gives you no rights in or to such Content. AOL and its licensors own all trademarks used in connection with the AIM Products, and no license to use any such trademarks is provided hereunder. AOL welcomes your feedback regarding our products. You agree that AOL may use in any manner and without limitation all comments, suggestions, complaints and other feedback you provide relating to the AIM Products.

15.	CONTENT.

       (a) LINKED CONTENT. AOL may include in the AIM Products links to websites of our affiliates and partners, as well as RSS feeds. The content on the linked sites is provided to you for your personal, non-commercial use as a convenience to you. AOL makes no representations or warranties regarding the accuracy or reliability of the information included in such content. Reproduction and redistribution of such content is strictly prohibited. Use of any websites or services reached through links included in the AIM Products is subject to the terms of use presented on such website or service.

       (b) INTERNET CONTENT. The AIM Products allow you to view or listen to content available on websites on the Internet. Except as explained above, AOL is not affiliated with the many websites and web services that you may choose to visit and/or use. AOL 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. AOL is not obligated to pre-screen content available online or from any link that you may take from an AIM Product, although AOL reserves the right to do so in its sole discretion. AOL is not liable for content that is provided by others. AOL reserves the right, although it has no obligation, to block access to any Internet area containing illegal or other harmful content being used for purposes that are unlawful or injurious to AOL or its users. Your use of third party sites on the Internet is governed by the terms and conditions for each such site. Under no circumstances shall AOL 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 sites. You should direct any concerns to such external sites' administrator or Webmaster.

       (c) CONTENT AVAILABLE ON AIM PRODUCTS. AOL, its vendors, and AIM users post content such as information, software, games, communications, photos, video, graphics, music, sound and other materials ("Content") on AIM Products. The authors of such Content own the property rights to that Content. The Content is protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information from unauthorized use. You agree that you will not take any action to interfere with AOL's or its vendors' ownership of or rights in the Content and you will not attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content. 

You may use Content available on the AIM Products only for personal, non-commercial purposes. You may be given the opportunity to download certain Content such as music and photos, but you may do so only to the extent as authorized for that particular Content and only for your personal use. You may not use the Content in a manner that exceeds the rights granted for your use of the Content, which includes unauthorized copying or distribution of the Content or creating an unauthorized derivative work.

       (d) CONTENT YOU POST TO PUBLIC AREAS. As explained in detail in the Privacy Policy, AOL does not read your private online communications when you use any of the communication tools on AIM Products. If, however, you use these tools to post Content or other information to public areas on AIM Products (for example, in chat rooms or online message boards), other online users will have access to this information and Content. 
 
You may only post Content to public areas on AIM Products that you created or which the owner of the Content has given you permission to post. You may not post or distribute Content to public areas on AIM Products that is illegal or that violates these Terms of Service. By posting or submitting Content to public areas of AIM Products, you represent and warrant that (i) you own all the rights to this Content or are authorized to use and distribute this Content to public areas of AIM Products and (ii) this Content does not and will not infringe any copyright or any other third-party right nor violate any applicable law or regulation.

You or the owner of the Content retain ownership of all right, title and interest in Content that you post to public areas of any AIM Product. However, by submitting or posting Content to public areas of AIM Products (for example, posting a message on a message board or submitting your picture for the "Rate-A-Buddy" feature), you grant AOL, its parent, affiliates, subsidiaries, assigns, agents and licensees the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote this Content in any medium. Once you submit or post Content to any public area on an AIM Product, AOL does not need to give you any further right to inspect or approve uses of such Content or to compensate you for any such uses. AOL owns all right, title and interest in any compilation, collective work, or other derivative work created by AOL using or incorporating Content posted to public areas of AIM Products.
 
16.	NO DUTY TO MONITOR. AOL is not required to pre-screen Content available on the AIM Products, although AOL reserves the right to do so in its sole discretion. AOL is not liable for Content that is provided by others. AOL reserves the right to remove Content that, in its sole judgment, does not meet its standards or does not comply with these Terms of Service, but AOL is not responsible for any failure or delay in removing such material.

AOL also has the right, but not the obligation, to monitor user postings to public areas of the AIM Products, such as message boards, to determine compliance with these Terms of Service and any other operating rules that may be established by AOL from time to time. AOL has the right in its sole discretion to edit, refuse to post, or remove any user postings submitted to or posted on an AIM Product. Without limiting the foregoing, AOL has the right, but not the obligation, to remove any user posting 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 messages they post or submit. You acknowledge and agree that AOL shall not assume or have any liability for any action or inaction with respect to any messages posted by users of the AIM Products.

17.	CHANGES TO THE SERVICE. AOL has the right at any time to change, modify, add to or discontinue or retire any aspect or feature of the AIM Products including, but not limited to, the software, community areas, Content, hours of availability, equipment needed for access or use, the amount or size of files that may be uploaded or downloaded within a time period, the size of files that may be attached to an email, the maximum disk space that will be allotted on AOL servers on your behalf either cumulatively or for any particular service, or the availability of AIM Products on any particular device or communications service. AOL has no obligation to provide you with notice of any such changes. 

18.	AOL SOFTWARE LICENSE TO YOU. AOL grants you a personal, limited, non-exclusive, non-sublicensable, non-transferable license to install and use the software made available to you by AOL in connection with the AIM Products and services (the "Software") on any single computer for personal and internal business purposes. You may use only the Software provided by AOL and a screen name issued to you by AOL to access the AIM network and AIM Products. This license does not entitle you to receive from AOL hard-copy documentation, support, telephone assistance, or enhancements or updates to the Software.

19.	LICENSE RESTRICTIONS. You may not: (i) make any copies of the Software other than an archival copy, (ii) modify or create any derivative works of the Software or documentation; (iii) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code, underlying ideas, or algorithms of the Software, or in any way ascertain, decipher, or obtain the communications protocols for accessing an AOL service or network; (iv) copy, reproduce, reuse in another product or service, modify, alter, or display in any manner any Javascript or HTML files, or parts thereof, included in the Software; (v) use the Software to reproduce, display, perform, or distribute audio and/or video content in any manner that violates any U.S. or foreign laws or regulations or any third party’s rights, including copyright, privacy or publicity rights, or other intellectual property right; (vi) use the Software to develop software or services that access the address space of the Software or that intercept the proxy; (vii) attempt to gain unauthorized access to any AOL service, account, computer system or network associated with the Software; (viii) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; (ix) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software; (x) block, disable, or otherwise effect any advertising, advertisement banner window, tabs, links to other sites and services, or other features that constitute an integral part of the Software; (xi) incorporate, integrate or otherwise include the Software or any portion thereof (including the communications protocols) into any software, program or product that communicates, accesses, or otherwise connects with an AOL service or that interconnects any AOL service with any other instant messaging or other online service; (xii) use any AOL services associated with the Software in any manner that could damage, disable, overburden, or impair such services or interfere with any other party's use and enjoyment of them; (xiii) use the Software in any way that violates this Agreement or any law; or (xiv) authorize or assist any third party to do any of the things described in this paragraph. AOL or AOL authorized vendors may make available to you tools to enable you to indicate your AIM presence on your personal website ("Presence Indicators"). You may use such Presence Indicators to show your own presence on your own personal web page, but you may not use such Presence Indicators on a commercial website or to show the presence of others, nor may you create tools or use tools created by anyone other than AOL or an AOL authorized vendor to show AIM presence on any website.

20.	RESTRICTIONS ON ACCESS TO OR USE OF AIM PRODUCTS. You may access AIM Products only through the interfaces and protocols provided or authorized by AOL. You agree that you will not access AIM Products through unauthorized means, such as unlicensed software clients, and that you will only use AIM Products in conjunction with AOL authorized products and components. 

21.	AUTOMATED UPDATES. AOL may deliver to your computer automated updates, modifications, and/or patches to the Software to address issues such as security, interoperability, and performance (collectively "Updates"). Some Updates may change certain functionality of the Software to, for example, improve security, add new functions, or improve the operation of the Software. You will be notified each time a new Update is ready to be installed unless you have elected to have all Updates installed silently. Your use of the Updates will be governed by this Agreement unless you are asked to agree to new or additional terms and conditions at the time of download or installation.

22.	USE AND AVAILABILITY OF OPEN SOURCE CODE. Portions of the AIM Products may have been created using source code available through various open source projects. In such cases, the licenses and availability of source code for such components are specified on a third party notice page delivered with the AIM Products.

23.	DIGITAL CERTIFICATES. The AIM Products support certain cryptographic and authentication features, including but not limited to Secure Sockets Layer communications that may require the installation and/or use of a digital certificate. Digital certificates are issued, validated, and revoked by third-party certification authorities ("CAs") over which AOL have no control. You are solely responsible for familiarizing yourself with the terms and conditions established by a CA for the use of, or reliance upon, its digital certificates, including but not limited to any obligation you may have to validate a digital certificate, maintain the security of a cryptographic key or password, or pay fees for certification services. YOU ARE SOLELY RESPONSIBLE FOR ANY DECISION TO USE OR RELY UPON A DIGITAL CERTIFICATE. AOL BEARS NO RESPONSIBILITY FOR THE VALIDITY OR ACCURACY OF ANY DIGITAL CERTIFICATE, OR FOR THE SECURITY OR INTEGRITY OF ANY TRANSACTION OR COMMUNICATION AUTHENTICATED BY A DIGITAL CERTIFICATE.

24.	U.S. GOVERNMENT END USERS. The AIM Products 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) and 48 C.F.R. 227.7202 (June 1995). Consistent with 48 C.F.R. 12.212, 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.
 
25.	EXPORT CONTROL. 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 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.

26.	NO SUPPORT BY AOL. You understand that your use of the AIM Products is at your own risk and that AOL is under no obligation to provide you with technical support, assistance, error corrections, updates, upgrades, bug fixes and/or enhancements of the AIM Products.

27.	THIRD-PARTY OFFERINGS. Third parties may from time to time offer applications or services to access, "plug-into" or interact with the AIM Products. If such applications or services are not authorized by AOL, then your use of them in connection with the AIM Products or an AOL service is a violation this Agreement. In any case, your use of third party applications will be at your own risk and subject to the terms and conditions of those third parties. AOL makes no representations or warranties with respect to such third party applications including that the third party application or service will be uninterrupted. You agree that AOL is under no obligation to provide you with any error corrections, updates, upgrades, fixes and/or enhancements to make the AIM Products accessible through or compatible with these third party applications. 

28.	COPYRIGHT INFORMATION. If you believe that your work has been copied and is accessible on an AIM Product in a way that constitutes copyright infringement, please visit the web page located at: http://www.aol.com/copyright/infringement.html for instructions on how to report copyright infringement to AOL. 

29.	DISCLAIMER OF WARRANTY. YOUR USE OF THE AIM PRODUCTS IS AT YOUR SOLE RISK. THE AIM PRODUCTS ARE PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SPECIFICALLY, AOL AND ITS VENDORS DISCLAIM IMPLIED WARRANTIES THAT THE AIM PRODUCTS ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. AOL AND ITS VENDORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE AIM PRODUCTS WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE AIM PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE AIM PRODUCTS WILL BE CORRECTED. AOL AND ITS VENDORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE AIM PRODUCTS OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. AOL PROVIDES THE AOL PRODUCTS ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS OR USE THE AIM PRODUCTS AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT AOL WILL HAVE ADEQUATE CAPACITY FOR THE AIM PRODUCTS AS A WHOLE. 

30.	LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AOL OR ITS PARENT, AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, LICENSORS, SUPPLIERS, AGENTS OR RESELLERS (COLLECTIVELY, THE "AOL GROUP") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, THE AOL GROUP'S ENTIRE COLLECTIVE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES YOU PAID FOR THIS LICENSE (IF ANY) AND REPLACEMENT OF DEFECTIVE MEDIA OR PROVISION OF A REASONABLY SIMILAR SOFTWARE PRODUCT, AS DETERMINED AT AOL'S SOLE DISCRETION, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF AOL TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. THE AOL GROUP IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY YOU OR A THIRD PARTY THAT IS ACCESSED THROUGH THE SOFTWARE AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. AOL DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH OR WITH AIM PRODUCTS AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR ANY SUCH PRODUCTS OR SERVICES, INCLUDING MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. 

31.	INDEMNIFICATION. You agree to defend, indemnify and hold harmless AOL, its vendors, 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 AIM Products. AOL reserves the right, at its own expense and in its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, and only in such event, shall you have no further obligation to provide indemnification for AOL in that matter.

32.	INJUNCTIVE RELIEF.  You acknowledge and agree that, notwithstanding any other provisions of the TOS, your breach or threatened breach of the TOS shall cause AOL irreparable damage for which recovery of money damages would be inadequate and that AOL, therefore, may obtain timely injunctive relief to protect its rights under this TOS in addition to any and all other remedies available at law or in equity.

33.	TERMINATION.  AOL has the right to terminate your Screen Name, your registration, the Software license, and/or your access to AIM Products 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 of the TOS (either directly or through breach of any other terms and conditions or operating rules applicable to you), with or without notice.

34.	PAYMENT. AOL may offer premium services and content through the AIM Products for a fee. Payment and other applicable terms will be disclosed to you at the time you sign up for any fee-based service and you will be subject to those additional terms. 

35.	ELECTRONIC DELIVERY POLICY. AOL, as an online business, transacts with its users electronically. WHEN YOU SIGN UP FOR ANY AIM PRODUCT, YOU CONSENT TO RECEIVE ELECTRONICALLY FROM AOL ANY PRIVACY OR OTHER NOTICES, AGREEMENTS, DISCLOSURES, REPORTS, DOCUMENTS, COMMUNICATIONS, OR OTHER RECORDS (COLLECTIVELY, "NOTICES"). You agree that AOL generally can send you electronic Notices in any of the following ways: (1) to the email address that you provided to AOL during registration, (2) to any free email account you set up through AOL, or (3) AOL may post Notices on a welcoming screen or top page of the relevant AIM Product. You agree that certain premium services may also have their own Notice procedures. You must check your designated email address regularly for Notices. You must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), a Windows-based operating system with an Internet browser or a Macintosh-based operating system with an Internet browser and Internet email software in order to access electronic communications. You will need a printer attached to your personal computer to print any Notices. The delivery of any Notice from AOL is effective when sent by AOL, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. Your only method of withdrawing consent to receive Notices electronically is to terminate any subscriptions, services or other products provided under these TOS. 

36.	CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES. You agree that the law of the Commonwealth of Virginia governs this contract and any claim or dispute that you may have against AOL, 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 AOL will be resolved by a court located in the Commonwealth of Virginia.  

PLEASE NOTE THAT BY AGREEING TO THESE TOS, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST AOL 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 AOL; 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.

37.	MISCELLANEOUS. The TOS and any operating rules for any areas of functionality of the AIM Products established by AOL constitute the entire agreement between AOL and you regarding the subject matter of the TOS, and supersede all previous written or oral agreements. In the event of any inconsistency between these TOS and any such other terms of use or operating rules of a specific AIM Product, these TOS will supersede such other terms of service or operating rules. If any part of these Terms of Service is held invalid or unenforceable, that part shall be construed to reflect the parties' original intent, and the remaining portions remain in full force and effect, or AOL may at its option instead terminate the TOS.  The controlling language of the TOS is English. If you have received a translation into another language, it has been provided for your convenience only.  No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. You may not assign or otherwise transfer by operation of law or otherwise this agreement or any rights or obligations herein. AOL has the right to assign it to any entity in its sole discretion. This agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns.  Neither party shall be in default or be liable for any delay, failure in performance (excepting the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control.

38.  USER OUTSIDE THE U.S.  If you are using the Software outside the U.S., then the provisions of this Section shall apply: (i) Les parties aux présentés confirment leur volonté que cette convention de même que tous les documents y compris tout avis qui s'y rattaché, soient redigés en langue anglaise. (translation: "The parties confirm that this Agreement and all related documentation is and will be in the English language."); (ii) you are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export or use the Software, and you represent that you have complied with any regulations or registration procedures required by applicable law to make this license enforceable; and (iii) if the laws applicable to your use of the Software would prohibit the enforceability of this Agreement, or impose any additional burdens on AOL, or confer any rights to you that are materially different from the terms and conditions of this Agreement, then you are not authorized to use the Software and you agree to remove it from your computer.