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MSN.COM WEB SITE

TERMS OF USE and NOTICES

AGREEMENT BETWEEN USER AND MICROSOFT

The MSN Web Site is comprised of various Web sites and Web pages operated by Microsoft or its affiliates (collectively, the "MSN Web Sites").

The MSN Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the MSN Web Sites constitutes your agreement to all such terms, conditions, and notices. Click here to review terms. Your use of a particular MSN Web Site included within the MSN Web Sites may also be subject to additional terms outlined elsewhere in this agreement (the "Additional Terms"). To go directly to any of the Additional Terms, click on the link below:

MoneyCentral HomeAdvisor Buyer's Guide Auctions
CarPoint Gaming Zone MSNBC  
Shopping Small Business Encarta Online  

Additionally, the MSN Web Sites may themselves contain additional terms that govern particular features or offers (for example, sweepstakes or chat areas).

In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular MSN Web Site, then these terms shall control.

Click on the link below for the terms and conditions which govern these additional Microsoft web sites and/or services:

MSN Internet Access
Expedia
MSN Hotmail
MSN Messenger
Microsoft Passport
MSN LinkExchange
MSN Mobile

MODIFICATION OF THESE TERMS OF USE

Microsoft reserves the right to change the terms, conditions, and notices under which the MSN Web Sites are offered, including but not limited to the charges associated with the use of the MSN Web Sites. You are responsible for regularly reviewing these terms and conditions.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the MSN Web Sites are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the MSN Web Sites.

LINKS TO THIRD PARTY SITES

The MSN Web Sites may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Microsoft and Microsoft is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Microsoft is not responsible for webcasting or any other form of transmission received from any Linked Site. Microsoft is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Microsoft of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the MSN Web Sites, you warrant to Microsoft that you will not use the MSN Web Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the MSN Web Sites in any manner which could damage, disable, overburden, or impair the MSN Web Sites or interfere with any other party's use and enjoyment of the MSN Web Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the MSN Web Sites.

USE OF COMMUNICATION SERVICES

The MSN Web Sites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

Microsoft has no obligation to monitor the Communication Services. However, Microsoft reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Microsoft reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Microsoft reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Microsoft's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Microsoft does not control or endorse the content, messages or information found in any Communication Service and, therefore, Microsoft specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Microsoft spokespersons, and their views do not necessarily reflect those of Microsoft.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO MICROSOFT OR POSTED AT ANY MSN WEB SITE

Microsoft does not claim ownership of the materials you provide to Microsoft (including feedback and suggestions) or post, upload, input or submit to any MSN Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Microsoft, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Microsoft is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Microsoft's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

SOFTWARE AVAILABLE ON THE MSN WEB SITES

Software (if any) that is made available to download from the MSN Web Sites, excluding software that may be made available by end-users through a Communication Service, ("Software") is the copyrighted work of Microsoft Corporation and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, Microsoft Corporation hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the particular MSN Web Site in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. All Software is owned by Microsoft and/or its suppliers and is protected by copyrigh t laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE MSN WEB SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MSN WEB SITES AT ANY TIME. ADVICE RECEIVED VIA THE MSN WEB SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

MICROSOFT CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE MSN WEB SITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL MICROSOFT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MSN WEB SITES, WITH THE DELAY OR INABILITY TO USE THE MSN WEB SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE MSN WEB SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE MSN WEB SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MICROSOFT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MSN WEB SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MSN WEB SITES.

SERVICE CONTACT: Webmaster@msn.com

TERMINATION/ACCESS RESTRICTION

Microsoft reserves the right, in its sole discretion, to terminate your access to any or all MSN Web Sites and the related services or any portion thereof at any time, without notice.

GENERAL

This agreement is governed by the laws of the State of Washington, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of the MSN Web Sites. Use of the MSN Web Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Microsoft as a result of this agreement or use of the MSN Web Sites. Microsoft's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Microsoft's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the MSN Web Sites or information provided to or gathered by Microsoft with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Microsoft with respect to the MSN Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Microsoft with respect to the MSN Web Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the MSN Web Sites are: Copyright ⌐ 1996 - 1999 Microsoft Corporation and/or its suppliers, One Microsoft Way, Redmond, Washington 98052-6399 U.S.A. All rights reserved.

TRADEMARKS. Microsoft, Windows, Windows NT, MSN, The Microsoft Network, Home Essentials, HomeAdvisor, Expedia, Encarta, Bookshelf, PowerPoint, BackOffice, Outlook, FrontPage, Computing Central, MapPoint, CarPoint, Hotmail, WebTV, Advisor FYI, ZoneMatch, ZoneMessage, and/or other Microsoft products referenced herein are either trademarks or registered trademarks of Microsoft. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

FOR INFORMATION REGARDING THE MSN.COM PRIVACY STATEMENT CLICK HERE.

ADDITIONAL TERMS

SMALL BUSINESS

The MSN Small Business Channel is provided to assist you with the operation of your business, your right to use the MSN Small Business Channel is personal to your company and its employees. Except to the extent necessary to utilize the services of the MSN Small Business Channel, you may not make any commercial use of the MSN Small Business Channel.

CARPOINT

CARPOINT AUTO-PRICER MSRP AND INVOICE PRICES
The MSRP and Invoice Prices generated by the CarPoint Auto-Pricer feature are believed to be accurate, but Microsoft Corporation and its suppliers do not warrant or guarantee such accuracy. Microsoft and its suppliers do not authorize the use of such prices for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes.

GAMING ZONE

Your use of MSN Gaming Zone ("MSNGZ") is also subject to the Code of Conduct located at the MSNGZ site. Additional policies relating to online conduct, uploaded files, conferences, bulletin boards and other matters are posted at the MSNGZ site.

Subscription-Based Content.Some contents and/or services on MSNGZ may be offered to you conditioned on your purchase of a subscription. If you elect to purchase subscription-based content/services and transmit to Microsoft a subscription purchase request, you warrant that all information that you submit is true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all subscription fees you incur plus all applicable taxes. You may cancel your subscription to any fee-based content and/or services by contacting Zone Billing Customer Support. If you have purchased an automatically renewing subscription, you will not be charged the monthly subscription fee thereafter (but there are no refunds of subscription fees previously paid). No cancellation of access to free content and/or services or to non-renewing subscriptions is required. Your subscription is personal to you and the members of your household, and you may not transfer or make available your account name and password to others, including without limitation your co-workers. Any distribution by you of your account name and password may result in cancellation of your subscription without refund and in additional charges based on unauthorized use.

To Unsubscribe from the Newsletter. Go to http://register.microsoft.com/regwiz/wiz275.asp, and sign in, or register if you haven't yet. At the end of the pages listing your personal information, you will be presented with a check-box list of e-mail periodicals. Click the checked box beside the newsletter to clear it; this will unsubscribe you from the newsletter.

MONEYCENTRAL

STOCK QUOTES AND EMAIL ALERTS
Stock quotes appearing on the MoneyCentral site and in email alerts are supplied by S&P ComStock, Inc. Unless otherwise indicated, stock quotes are delayed at least 20 minutes (NASDAQ stock quotes are delayed at least 15 minutes). Stock quotes indicated as "real-time quotes" are made available without delay following their receipt from S&P ComStock, Inc. Your actual receipt of real-time quotes may be affected by delays in transmission over the Internet, and by other causes. All stock quotes are labeled with "time of last trade" to indicate the timeliness of the data.

Stock quotes are believed to be accurate and timely (subject to the aforementioned delays), but Microsoft Corporation and its suppliers do not warrant or guarantee such accuracy or timeliness. You should always consult a stock broker or other authorized financial advisor or representative to establish actual stock prices before making any stock trades or other financial decisions. Microsoft and its suppliers do not authorize the use of stock quote information for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes.

TRADING ONLINE WITH BROKERAGE AND MUTUAL FUND FIRMS
The online trading services which you may access through the links contained on the MoneyCentral site are services of the listed independent brokerage and mutual fund companies. In order to use these services, you need to have an existing account with such company, or you will need to set an account up, which you may do after linking to the company's Web site. Microsoft provides links to selected companies for your convenience only. Microsoft is not a registered broker-dealer or mutual fund company, and does not endorse or recommend the services of any brokerage or mutual fund company. The brokerage or mutual fund company you select is solely responsible for its services to you, and you agree that Microsoft shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such services.

OTHER ACKNOWLEDGMENTS AND NOTICES
Historical chart information supplied by Commodity Systems, Inc. (CSI), 200 W. Palmetto Park Road, Boca Raton, FL 33432 (561) 392-8663 or (800) 274- 4727. Email marketing@csidata.com

Certain software used in the MoneyCentral Web site servers is based in part on the work of the Independent JPEG Group. Copyright ⌐ 1991 -1996 Thomas G. Lane. All rights reserved.

"gnuplot" software used in the MoneyCentral Web site servers is copyright ⌐ 1986-1993 Thomas Williams, Colin Kelley. All rights reserved .

All information provided by S&P ComStock, Inc. ("ComStock") and its affiliates (the "ComStock Information") included in MoneyCentral is owned by or licensed to ComStock and its affiliates and any user is permitted to store, manipulate, analyze, reformat, print and display the ComStock Information only for such user's personal use. In no event shall any user publish, retransmit, redistribute or otherwise reproduce any ComStock Information in any format to anyone, and no user shall use any ComStock Information in or in connection with any business or commercial enterprise, including, without limitation, any securities, investment, accounting, banking , legal or media business or enterprise. Prior to the execution of a security trade based upon the ComStock Information, you are advised to consult with your broker or other financial representative to verify pricing information. Neither ComStock nor its affiliates make any express or implied warranties ( including, without limitation, any warranty or merchantability or fitness for a particular purpose or use) regarding the ComStock Information. The ComStock Information is provided to the users "as is." Neither ComStock nor its affiliates will be liable to any user or anyone else for any interruption, inaccuracy, error or omission, regardless of cause, in the ComStock Information or for any damages (whether direct or indirect, consequential, punitive or exemplary) resulting therefrom.

HOMEADVISOR

ONLINE MORTGAGE SERVICES
The online mortgage services that you may access through the hyperlinks contained in the HomeAdvisor Web site are services of the listed independent mortgage lender. Microsoft provides hyperlinks to selected mortgage lenders for your convenience only. Microsoft is not a lender and does not make mortgage loans; rather, it is a computer loan origination system that can help you select a mortgage loan and lender. Microsoft does not endorse or recommend the services of any mortgage lender. Microsoft is not an agent for you or any lender that you select. The mortgage lender you select is solely responsible for its services to you, and you agree that Microsoft shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such services. Microsoft does not guarantee that the loan terms or rates offered and made available by the lenders through this Web site are the best terms or lowest rates available in the market. Microsoft also does not guarantee that you will be able to obtain a loan from any lender; loan approval standards are established and maintained solely by individual lenders.

CRIME STATISTICS
The crime statistics provided by Online Data Services have been collected from federal, state, and local law enforcement agencies. The accuracy of the statistics as obtained from these agencies is assumed to be correct, but is not guaranteed. The ratings in the form of school grades published by Online Data Services are the result of a comparison of the crime activity in a particular vicinity to the overall crime activity in its surrounding area. No inferences should be drawn regarding the likelihood of a crime occurring at a particular location based on the statistics or grade published by Online Data Services. An above average grade does not imply that a particular location is not subject to crime.

NO PROFESSIONAL ADVICE
The information appearing in the HomeAdvisor Web site and in email alerts is intended solely as general guidance on the home buying and financing processes, and does not constitute legal, tax, accounting or other professional advice. Real estate contracts, closing procedures and disclosures are in part guided by state law. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions.

ACCURACY OF INFORMATION AND CALCULATIONS
Information appearing on the HomeAdvisor Web site and in e-mail alerts, including the results produced by the Calculator features of the HomeAdvisor Web site and information about mortgage interest rates and loan terms, is believed to be accurate, but Microsoft and its suppliers do not warrant or guarantee such accuracy. Mortgage interest rates, loan terms and other information on the HomeAdvisor Web site are subject to change. You should independently verify all relevant information prior to making any decisions based on such information.

PRIZM is a registered trademark of Claritas, Inc.

ENCARTA ONLINE

Permission to use documents (such as articles and other text) and related graphics (such as images, photographs, maps, charts, and illustrations) available from Encarta Online is granted, provided that (1) the proper credit and Microsoft copyright notice appears on all copies; (2) use of the documents and graphics available from this Web site is for informational and noncommercial or personal use only; and (3) no documents or graphics, including logos, available from Encarta Online are modified in any way. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Subscription-Based Content. Encarta Online Deluxe is available to individuals, schools, libraries, and other organizations by subscription only. Use of Encarta Online Deluxe by you and your authorized users is conditioned on your purchase of a subscription and acceptance of the terms of any associated subscription agreement.

SHOPPING

MSN Shopping provides the Merchants' links to you.

However, each individual Merchant participating at MSN Shopping is responsible for setting and explaining their individual shipping, return, security and other policies applicable to shopping in their stores and purchasing their products. MSN does not guarantee, warrant or endorse any product or service sold by a Merchant in MSN Shopping, nor do we have any liability or responsibility for the quality or performance of any product or service sold to you by any Merchant. The purchase of any product or service from a Merchant at MSN Shopping is a transaction solely between you and that Merchant, and any question or dispute you may have regarding any such product or service should be addressed directly to the responsible Merchant. MSN has no responsibility or liability for any Merchant or your relationship with such Merchant.

You are responsible for paying the entire amount due on your purchase, including any applicable taxes, shipping and other charges assessed by the Merchant. With respect to applicable taxes, the Merchant will advise you subsequently of the exact amount of tax due on your purchase. MSN has no responsibility whatsoever for any miscalculation or omission by a Merchant of applicable taxes on any sale.

You represent and warrant that you are at least 18 years of age and that you possess the legal right to use MSN Shopping in accordance with the stated terms and usage policies. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or registration account to access MSN Shopping.

BUYER'S GUIDE

Consumers Digest, Consumers Digest Best Buy, and Consumers Digest Best Buy logo are registered trademarks of Consumers Digest, Inc.

Consumer Guide is a registered trademark of Publications International Ltd.

MSNBC

SPECIFIC RESTRICTIONS ON USE OF ASSOCIATED PRESS MATERIAL
Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. AP will not be held liable for any delays, inaccuracies, errors or omissions therefrom, or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.

AUCTIONS

ELIGIBILITY; AUTHORIZED USE
You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use MSN Auctions & Classifieds, including the buying, selling and listing of items, and any other services offered on this site (collectively, the "Services") in accordance with all terms and conditions herein. If you are buying or selling goods using the Services, you further warrant that you have legal authority to enter into other binding agreements for the sale or purchase of goods. You agree to be financially responsible for all of your use of the Services (as well as for use of your account by others, including without limitation minors living with you). You agree to supervise and be responsible for all usage of minors of the Services under your name or account. You also warrant that all information supplied by you or members of your household in using the Services, including without limitation your name, email address, street address, telephone number, credit card number, and if you are selling goods, all information about your listed goods, is true and accurate. Failure to provide accurate information may subject you to civil and criminal penalties.

FEES; PAYMENT
Microsoft reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the Services. Microsoft further reserves the right to alter any and all fees from time to time, without notice. Click here to see the current Fee Schedule; and check the Fee Schedule for any updated fee information each time you use the Services.

You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the Services.

USING THE SERVICES
MSN Auctions & Classifieds is offered solely as a forum for you to utilize the Services to buy and sell goods. Microsoft is not involved in any transaction between you and any other party who uses this Site, and is not acting as your or any other party's agent. Microsoft cannot screen, censor or otherwise control the listings or any transactions, including whether a listing is accurately described, whether an item can be legally purchased or sold in your jurisdiction, or whether a transaction will be completed as described by the seller or the buyer. Further, Microsoft cannot control or warrant the behavior of the users of the Services. As such, your use of MSN Auctions & Classifieds and its Services is at your own risk, and Microsoft disclaims any liability with regard to use of the Services and any actions resulting from your or any other party's participation in the Services. You hereby agree to release Microsoft, its suppliers, service partners, agents, employees, consultants, officers and directors f rom all claims, demands and damages, whether actual or consequential, of every kind, whether known or unknown, disclosed or undisclosed, arising out of or relating to any and all listings, transactions, or any other use of MSN Auctions & Classifieds and the Services. Further, because Microsoft is not involved in any transactions between you and other users of the Services, Microsoft cannot and will not be involved in resolving any disputes relating to any completed or uncompleted transaction for the purchase or sale of listed goods.

Please refer to the FAQs, Help for Buyers and Help for Sellers for additional procedures and guidelines for buying and selling goods on MSN Auctions & Classifieds are set forth here. You warrant that you will abide by all such additional procedures and guidelines, as modified from time to time, in connection with your use of the Services. You further warrant that you will comply with all applicable laws and regulations regarding use of the Services. Without limitation, by listing an item for sale, you warrant that you have the legal right to sell the item, that the item is not counterfeit, and that it is a genuine and authentic item as described by the seller; by making a bid or offer to purchase, you warrant that you have the legal right to make the bid and the resources to honor the bid.

It is your responsibility to determine whether the purchase or sale of any listed item is authorized by law, statute, or regulation. Without limitation, the following items may not be sold or offered for sale on the MSN Auctions & Classifieds: firearms, explosives, and ammunition; alcoholic beverages; tobacco products; food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants; pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; counterfeit, pirated or other unauthorized software, including unlicensed back-up copies, beta or pre-release software, academic edition software licensed solely for use by authorized educational institutions and other users, "fulfillment" software or other software not intended for general public distribution, copies installed on hardware hard drives without authorization, or software unbundled from the hardware it was purchased on or with; any goods that infringe or otherwise violate another p arty's rights, including copyright, patent, trademark, or rights of publicity or privacy; goods that are, in Microsoft's sole discretion, indecent, obscene or pornographic; registered or unregistered securities; goods which you do not have the legal right to sell; goods which are misrepresented or which do not in fact exist; goods which, if sold via the Services, would cause Microsoft to violate any law, statute or regulation.

Microsoft reserves the right to cancel any listing or bid at any time for any reason, with or without cause, and reserves the right to prohibit or restrict access to the Services to anyone at any time, with or without cause.