1. GENERAL TERMS

1. Under the Service User is provided access to the World Wide Web by the Users telephony access provider and/or British Telecommunications PLC ("BT") and such telephony access will be subject to the Users existing contract for Telephony Service of the UserÆs telephony access provider and the User is responsible to pay any telephony fees associated with such access. If the person accessing the Service is not the customer responsible for the call charges, then it is the responsibility of that person to obtain permission to use the Service from the customer responsible for the particular Telephone Service before it is used to access the Service.
2. User must provide all equipment necessary for User to make access connection to the Internet including a computer and modem.
3. User understands that Yahoo! may use "cookies" and your telephony service provider shall place a call line identifier ("CLI") to your telephone connection in order to deliver the Service and deliver a better, more personal service.
4. Users are advised not to rely solely on the Service for sending critical or confidential information, and User shall not hold Yahoo! responsible in respect of loss or damage of the same.
5. Please report any violations of these terms of service to abuse@yahoo.co.uk or abuse@yahoo.co.ie.
6. To the extent of any inconsistency between these terms of service and any mandatory statutory rights of a consumer binding to such consumer then the terms of the binding mandatory statutory right shall apply but only to the extent of such inconsistency.

2. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE

The Service is owned, or controlled, and operated by Yahoo! and provided to you ("User") under the terms and conditions of this terms of service and any amendments thereto and any operating rules or policies (the "YTS") that may be published from time to time by Yahoo!.

The User is granted a non-exclusive, non-transferable licence to use the BT software which configures your computer for accessing the internet ("Software").

BY CLICKING ON THE DOWNLOAD BUTTON AND DOWNLOADING THE SOFTWARE FOR ACCESS TO SERVICE, YOU AGREE THAT YOU ARE BOUND BY THE YTS AND THE CONTRACT FOR YOUR TELEPHONE SERVICE.

3. MODIFICATIONS TO TERMS OF SERVICE

Yahoo! may change the YTS or the Software from time to time. In the event of a material change to the YTS and/or Software, User will be notified of any such changes by a start-up screen describing the changes. By clicking on the "I Accept" button that follows the posted changes, User agrees to be bound by the modifications to the YTS and/or Software. If User does not click the "I Accept" button, User's access to the Service maybe terminated. User agrees that Yahoo! shall not be liable in contract, tort (including negligence) or otherwise to User or any third party for any termination of the Service as provided herein.

Yahoo! reserves the right to modify, suspend or discontinue, temporarily or permanently, the Service with, where practical, reasonable notice or where impractical without notice to User. User agrees that Yahoo! shall not be liable in contract, tort (including negligence) or otherwise to User or any third-party for any modification, suspension or discontinuance of the Service as provided herein.

Yahoo! considers any message including emails transmitted via any Yahoo! property to be the private correspondence between the sender and recipient. Yahoo! will not monitor, edit or disclose information about a user or the contents of a user's private communications, except that User agrees Yahoo! may do so in the good faith belief that such action is reasonably necessary: (a) to comply with the law; (b) to comply with legal process, including to comply with any court order or competent regulatory body; (c) to enforce the YTS; (d) to respond to claims that such contents violate the rights of third-parties; or (e) to protect the interests of Yahoo! or others.

User acknowledges and agrees that technical processing of the Service is and may be required (a) to send and receive messages; (b) to conform to the technical requirements of connecting networks; (c) to conform to the technical requirements of the Service; or (d) to conform to other, similar technical requirements. User hereby permits such technical processing as may be required.

User acknowledges and agrees that Yahoo! does not endorse the content of any User communications and is not responsible or liable for any unlawful, harassing, libellous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortious or otherwise objectionable material of any kind or any material that infringes or may infringe the intellectual property or other rights of another.

If User receives a password or account designation User acknowledges that the User is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under User's password or account. User agrees to (a) immediately notify (in accordance with provisions of Section 18 below) Yahoo! of any unauthorised use of User's password or account or any other breach of security; and (b) ensure that User exits from the UserÆs account at the end of each session. Yahoo! will not be liable for any loss or damage arising as a result of UserÆs failure to comply with this clause.

User agrees to abide by all applicable local, state, national, and international laws and regulations in User's use of the Service, and agrees not to interfere with the use and enjoyment of the Service by other Users. User agrees to be solely responsible for the contents of User's use through the Service.

User agrees (a) not to use the Service for illegal purposes; (b) not to interfere with or disrupt the Service or servers or networks connected to the Service; (c) to comply with all requirements, procedures, policies and regulations of networks connected to the Service; and (d) to comply with all applicable laws regarding the use of the Service and transmission and export of technical or other data anywhere in the world.

User agrees not to use the Service for any unlawful, harassing, libellous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortious or otherwise objectionable behaviour or action. User agrees not to use the Service in a manner or for a purpose that violates the rights of another, including but not limited to the intellectual property rights of another or that violates any applicable local, state, national, or international law or regulation. User agrees not to gain or attempt to gain unauthorised access to other computer systems or networks connected to the Service. User agrees not to use the Service in a manner that may transmit any matter containing a virus, corrupted file, "Trojan Horse" or other hostile program or software nor to transmit "junk mail", "spam", "chain letters", or unsolicited mass distribution of marketing or other materials or communications. User acknowledges and agrees that User is solely responsible for the content of transmissions or uses made by User.

User agrees to indemnify and hold Yahoo!, and its parents, subsidiaries, affiliates, officers and employees, harmless from any loss, cost, damage, claim or demand, including reasonable legal fees, made by any third party or incurred or suffered by Yahoo! or its parents, subsidiaries, affiliates, officers or employees in connection with, as a result of, due to or arising out of any use of or transmission through or use of the Service in breach of the YTS or any applicable local, national or international law or regulation, or User's violation of any rights of another.

User agrees not to resell, rent or hire the Service or use of or access to the Service.

Yahoo! assumes no responsibility, and User agrees that Yahoo! shall not be responsible for the storage of any materials required or wished to be stored by the User. User is advised to store and keep back up copies of all information that User wishes to retain.

Without prejudice to any remedy Yahoo! may have against User, User agrees that Yahoo! may terminate User's password, account or use of the Service (a) if Yahoo! believes that User has violated or acted inconsistently with the letter or spirit of the YTS; or (b) that User has violated the rights of Yahoo! or other users or parties. User further agrees that Yahoo! may terminate User's password, account or use of the Service if User fails to use the Service at least once during a reasonable period of time as determined by Yahoo! from time to time.

User acknowledges and agrees that any termination of Service under any provision of the YTS may be effected without prior notice in circumstances where it is impractical or in Yahoo!Æs reasonable opinion unsuitable or unnecessary to do so.

Yahoo! shall not be liable to User for any loss or damage suffered by User as a direct or indirect result of Yahoo!Æs exercise of its rights under this clause.

User's correspondence with or participation in, or dealings with, third parties including promotions of advertisers found on the Service; payment and delivery of goods or services; and any other terms, conditions, warranties or representations associated with such dealings, are solely between User and such third party. User agrees not to hold Yahoo! liable in contract, tort (including negligence) or otherwise for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of or access to such third parties on the Service.

The Service may provide links to other Web sites or resources. User acknowledges and agrees 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. User agrees that Yahoo! shall not be responsible or liable, directly or indirectly, for any costs, damage or loss caused or alleged to be caused directly or indirectly by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.

User acknowledges and agrees that content and information, including but not limited to text, software, software programs, music, sound, photographs, graphics, video, adverts or other material contained in sponsor advertisements or information presented to User through or as a result of use of the Service is protected by copyright, trademark, service mark, patent, or other proprietary rights and laws. User acknowledges and agrees that User is permitted to use this material and information only as expressly authorised by the owner or authorised licensor of such rights, and may not copy, reproduce, transmit, distribute, or create derivative works of, such content or information without express authorisation of the owner or authorised licensor thereof.

A. USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS; PROVIDED, HOWEVER, THAT YAHOO! SHALL USE REASONABLE EFFORTS TO ENSURE THE INTENDED FUNCTIONALITY OF THE SERVICE FOR WHICH IS WAS CREATED.

B. NONETHELESS, YAHOO! CANNOT GUARANTEE THE FUNCTIONALITY OF THE SERVICE.

C. YAHOO! EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OFSATISFACTORY QUALITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.

D. YAHOO! MAKES NO WARRANTY THAT THE SERVICE WILL MEET USER'S REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. FURTHER, YAHOO! MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.

E. USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF, OR DIRECTLY OR INDIRECTLY AS A RESULT OF USE OF OR FROM THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

F. YAHOO! MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.

G. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM YAHOO! OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

A. NOTHING IN THESE TERMS OF SERVICE SHALL EXCLUDE OR LIMIT YAHOO!ÆS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF YAHOO!

B. USER AGREES THAT YAHOO! SHALL NOT BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE HOWSOEVER ARISING FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL 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:

C. SUBJECT TO SECTION (A) ABOVE AND NOTWITHSTANDING THE EXCLUSIONS AND LIMITATIONS CONTAINED IN SECTIONS 15 AND 16, THE TOTAL AGGREGATE LIABILITY OF YAHOO! UNDER THESE TERMS OF SERVICE SHALL NOT EXCEED ú500.

D. IF YOU ARE ENTERING INTO THESE TERMS OF SERVICE AS A CONSUMER THESE EXCLUSIONS AND LIMITATIONS SHALL ONLY APPLY TO YOU SO FAR AS PERMISSABLE BY LAW.

E. EACH OF THE EXCLUSIONS AND LIMITATIONS CONTAINED IN SECTIONS 15 AND 16 SHALL BE CONSTRUED SEPARATELY. IN THE EVENT THAT ANY OF THE PROVISIONS IN THESE SECTIONS IS FOUND TO BE VOID OR UNENFORCEABLE, THE REMAINING PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT.

If you intend to receive or request any news, messages, alerts or other information from or via the Service concerning companies, stock quotes, investments or securities, read the above Sections 15 and 16 again. They go doubly for you. In addition, for this type of information particularly, the watchword should be "Let the investor beware." The content and material contained in messages of any kind from or via the Service are provided for informational purposes only, and are not intended for trading purposes. Yahoo! cannot be responsible for the content or accuracy of any information transmitted via the Service, and shall not be responsible for any trading or investment decisions made based on such information.

Any notice to User or to the Service shall be made via either email or regular mail to the Yahoo! Address. The Service may also provide notices of changes to the YTS or other matters by displaying notices to Users generally on the Service.

The YTS and the relationship between User and Yahoo! shall be governed by the laws of England and Wales. User agrees to irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

The failure of Yahoo! to exercise or enforce any right or provision of the YTS shall not constitute a waiver of such right or provision. If any provision of the YTS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the YTS remain in full force and effect.

User agrees 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 YTS must be filed within one (1) year after such claim or cause of action arose or be forever barred, waived or forfeited as against Yahoo!.

The section titles in the YTS are for convenience only and have no legal or contractual effect.