By using Yahoo! Pager you agree to the following Terms of Service. Please read them carefully.
Summary of Terms of Service
A. Your use of the Yahoo! Pager Service requires that you download software developed by Yahoo! (the "Product"). The Product is licensed to you by Yahoo! on the terms set forth below.
B. You agree to provide, or you acknowledge that you have provided, true and correct information about yourself in the Yahoo! Pager Terms of Service registration form.
C. You agree not to use the Service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, tortious, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another.
D. You agree not to use the Service for the transmission of "junk mail", "spam", "chain letters", or unsolicited mass distribution of messages or use the Service to collect or harvest personal information about other users.
E. You agree that Yahoo! may in its sole discretion terminate your account if it believes you have in any way violated the Terms of Service.
F. Please report any violations of the Terms of Service to pager-abuse@yahoo-inc.com.
I. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
The Service and the Product are owned by Yahoo! and are provided to you ("User") under the terms and conditions of this Yahoo! Pager Terms of Service and any amendments thereto and any operating rules or policies (the "YPTS") that may be published from time to time by Yahoo! Yahoo! grants the User a personal, non-exclusive right and license to use the object code of the Product on a single computer; provided that the User does not (and does not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any Product source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Product. The YPTS comprises the entire agreement between User and Yahoo! and supersedes any prior agreements pertaining to the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I ACCEPT" BUTTON (IN ORDER TO DOWNLOAD AND INSTALL THE PRODUCT ONTO YOUR COMPUTER), YOU ARE AGREEING TO BE BOUND BY THE YPTS.
II. DESCRIPTION OF SERVICE
Yahoo! is providing User with the capability to send and receive electronic messages, electronic mail, alerts and other material and information via the World Wide Web. Yahoo! does not charge User for the Service, except for Enhancements User may elect to obtain (though Yahoo! may in the future charge a fee for use of the Service). User must: (a) provide for User's own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for User to make such connection to the World Wide Web, including a computer and modem. User understands that Yahoo! provides no assistance, including any technical or customer support, to the User, and that your use of the Service is at your own risk.
III. USER'S REGISTRATION OBLIGATIONS
In consideration of use of the Service, User agrees to: (a) provide true, accurate, current and complete information about User as prompted by the Registration Form, and (b) to maintain and update this information to keep it true, accurate, current and complete. This information about a User shall be referred to as "Registration Data." If any information provided by User is untrue, inaccurate, not current or incomplete, Yahoo! has the right to terminate User's account and refuse any and all current or future use of the Service.
IV. USE OF REGISTRATION DATA
User agrees Yahoo! may disclose Registration Data to third parties about User and information about User's use of the Service provided that such disclosures do not include User's name, mailing address, email address, telephone or facsimile number, or account number, except as authorized by User or User's representative or as required by law or legal process, or as set forth in Paragraph VII below.
V. MODIFICATIONS TO TERMS OF SERVICE
Yahoo! may change the YPTS from time to time. User will be notified of any such changes by a startup 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 YPTS. If User does not click the "I Accept" button, User will not be entitled to use the changes in the Service.
VI. MODIFICATIONS TO SERVICE
Yahoo! reserves the right to modify or discontinue, temporarily or permanently, the Service with or without notice to User. User agrees that Yahoo! shall not be liable to User or any third-party for any modification or discontinuance of the Service.
VII. YAHOO! PAGER PRIVACY POLICY
Yahoo! considers messages transmitted via the Service to be the private correspondence between the sender and recipient. Yahoo! will not monitor, edit or disclose the contents of a User's private communications, except that User agrees Yahoo! may do so: (a) as required by law; (b) to comply with legal process; (c) if necessary to enforce the YPTS; (d) to respond to claims that such contents violate the rights of third-parties; (e) to protect the rights or property of Yahoo! or others.
User understands and agrees that technical processing of communications 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 limitations of the Service; or (d) to conform to other, similar technical requirements.
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, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortious, or otherwise objectionable content, or content that infringes or may infringe the intellectual property or other rights of another.
User agrees that it shall not request or solicit any credit card information or other personal financial information from any user via the Service. Yahoo will not, as part of the Service ever solicit any credit card information or other personal financial information from a User. If User becomes aware of any solicitation of this type on the Service, please contact pager-abuse@yahoo-inc.com
VIII. MEMBER ACCOUNT, PASSWORD AND SECURITY
User will receive a password and account designation upon completing the registration process. User is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities which occur under User's password or account. User agrees to immediately notify the Service of any unauthorized use of User's password or account or any other breach of security.
IX. MEMBER CONDUCT
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 transmissions 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 transmission of technical data exported from the United States.
User agrees not to transmit through the Service any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind. User agrees not to transmit any material that violates the rights of another, including but not limited to the intellectual property rights of another. User agrees not to transmit any material that violates any applicable local, state, national, or international law or regulation. User agrees not to attempt to gain unauthorized access to other computer systems or networks connected to the Service. User also agrees not to impersonate or create a false identity of any person, including but not limited to, a Yahoo! official, forum leader, guide or host. Finally, User agrees not to transmit "junk mail", "spam", "chain letters", or unsolicited mass distribution of commercial messages. User agrees not to use the Service to collect or harvest personal information, including, without limitation, financial information, about other users of the Service.
By registering and using the Service, User acknowledges that other users of the Service may elect to receive a notification from the Service when you sign on and may send you electronic 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 must click on the "Block" button on the Service. The "Block" feature allows you to create a list of users you wish to block that you can review and edit from time to time. User acknowledges that your ability to send and receive electronic messages and other information may be blocked by Yahoo! and by other users which may partially or wholly limit User's ability to use the Service. By using the Service, User agrees that Yahoo! has no responsibility for the assessment, or for resolving any disputes arising from blocking User's ability to send messages or otherwise use the Service.
X. INDEMNITY
User agrees to indemnify and hold Yahoo!, and its subsidiaries, affiliates, officers, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Service, User's connection to the Service, User's violation of the YPTS, or User's violation of any rights of another.
XI. NO RESALE OF SERVICE
User agrees not to resell the Service or use of or access to the Service.
XII. EMAIL STORAGE
Yahoo! assumes no responsibility for the deletion or failure to store email messages. Yahoo! may establish an upper limit on the size of message storage it will maintain for User.
XIII. TERMINATION
User agrees that Yahoo! may terminate User's password, account or use of the Service if Yahoo! believes (a) that User has violated or acted inconsistently with the letter or spirit of the YPTS, 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 one time during a reasonable period of time as determined by Yahoo! from time to time which period shall not be less than three months.
User acknowledges and agrees that any termination of service under this Agreement under any provision of this Agreement may be effected without prior notice, and acknowledges and agrees that Yahoo! may immediately delete email files in User's account and bar any further access to such files or the Service.
XIV. DEALINGS WITH ADVERTISERS
User's correspondence with or participation in promotions of advertisers found on 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 User and such advertiser. User agrees not to hold Yahoo! 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.
XV. LINKS
The Service may provide, or Users may include in electronic messages, 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 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 such external sites or resources.
XVI. YAHOO!'S PROPRIETARY RIGHTS
User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material contained in sponsor advertisements or information presented to User through the Service or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. User acknowledges and agrees that User is permitted to use this material and information only as expressly authorized by Yahoo! or advertisers, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express authorization. User also acknowledges that the Product is protected by copyrights, trademarks, service marks, patent rights, or other proprietary rights and laws and that Yahoo! retains all right, title and interest in and to the Product and all enhancements thereto
XVII. DISCLAIMER OF WARRANTIES
USER EXPRESSLY AGREES THAT USE OF THE SERVICE AND THE PRODUCT IS AT MEMBER'S SOLE RISK. THE SERVICE AND THE PRODUCT ARE 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. YAHOO! MAKES NO WARRANTY THAT THE SERVICE OR THE PRODUCT WILL MEET USER'S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES YAHOO! MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE PRODUCT WILL BE CORRECTED.
NEITHER YAHOO! NOR ANY OF YAHOO!'S INFORMATION PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE ACCURACY, CURRENTNESS OR RELIABILITY OF THE MESSAGES RECEIVED OR REQUESTED VIA THE SERVICE OR ANY OF THE INFORMATION, MATERIAL OR CONTENT CONTAINED THEREIN (THE "MATERIAL"). USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE 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.
YAHOO! MAKES NO WARRANTY AND SHALL NOT BE LIABLE FOR ANY GOODS, SERVICES, INFORMATION OR OTHER MATERIAL DISPLAYED, PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. YAHOO SHALL NOT BE LIABLE FOR ANY DELAYS, OMISSIONS OR ERRORS IN THE MATERIAL AND SHALL NOT BE LIABLE FOR ANY RELIANCE THEREON.
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.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
XVIII. LIMITATION OF LIABILITY
USER AGREES THAT YAHOO! SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF YAHOO! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
USER FURTHER AGREES THAT YAHOO! SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.
XIX SPECIAL ADMONITION FOR MESSAGES RELATING TO FINANCIAL NEWS
If you intend to receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, read the above Sections XVII and XVIII 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 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.
XX. NOTICE
Any notice to User or to the Service shall be made via either email or regular mail. The Service may also provide notices of changes to the YPTS or other matters by displaying notices to Users generally on the Service.
XXI. GENERAL
The YPTS and the relationship between User and Yahoo! shall be governed by the laws of the State of California without regard to its conflict of law provisions. User and Yahoo! agree to submit to the personal and exclusive jurisdiction of the courts located within the state of California.
The failure of Yahoo! to exercise or enforce any right or provision of the YPTS shall not constitute a waiver of such right or provision. If any provision of the YPTS 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 YPTS 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 YPTS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the YPTS are for convenience only and have no legal or contractual effect.
