This Netscape Online Member Agreement is a legal document that details your rights and responsibilities as a Netscape Online member, and those of AOL Bertelsmann Online, a limited partnership, registered in England and Wales under number LP4917 with its principal place of business at 18-21 Cavaye Place, London SW10 9PG ("Netscape Online", "we" or "us") as the provider of the Netscape Online Service to subscribers in the UK. The "Netscape Online Service" means the access to the Internet provided by the Netscape Online software and Netscape Online network, the content and materials available through the Netscape Online website (at http://www.netscape.co.uk) and any other applications or functions provided as part of the Netscape Online software or through the Netscape Online website.
After you complete the Netscape Online registration process, you become a Netscape Online account holder.
'Personal data' is any data that identifies or relates to you or your individual Netscape Online account. The personal data, which you supply to us, you agree to supply accurately and to keep up-to-date within the Member Services area of the Netscape Online website. We will only deal with your personal data in compliance with current data protection legislation.
Personal data will be collected, processed and used by Netscape Online for the purpose of providing the Netscape Online Service to you and other purposes mentioned below. CompuServe Service Operations (UK), a limited liability partnership registered in England and Wales, provides customer support services for the Netscape Online Service. To carry out this function, Netscape Online may need to provide access to your personal data to this company. Your data may also be provided to AOL Bertelsmann Service Operations Limited, an Irish registered company, for the purpose of administering the Netscape Online service and providing management and marketing information. This use will remain under the control of Netscape Online at all times.
We encourage you to tell us what your marketing preferences are for your personal data. For this purpose, please note that unless you "opt-out" you are agreeing that your name and address may be disclosed to third party suppliers of goods and services and advertisers who are carefully selected by Netscape Online, who may use it to market to you their products and services. You can opt-out at any time after you have completed the registration process within the Member Services area of the Netscape Online website.
To provide a service which meets our members' needs, we may collect personal data relating to the popularity and usage of the various services offered through Netscape Online. However, this data will be used or disclosed only on an anonymous, aggregated basis.
We may hold personal data relating to the transactions you enter into with us or others through Netscape Online, such as online merchants. We will disclose this data to a party to the transaction, but only to facilitate your transaction. Netscape Online may also use this data to let you know about products and services that may be of interest.
When you call Member Service, we may monitor or record your calls and store details of the phone number(s) you use to make the call. This information is used only to track reported problems, and to better address your customer service needs. We may also need to provide certain personal data to the entity regulating the provision of premium line services, currently ICSTIS, for the purpose of their ensuring our compliance with relevant guidelines and permissions.
You can inspect your contact information within the Member Services area of the Netscape Online website. To find out how you can inspect or correct personal data or if you have other questions about the handling or protection of your personal data or your rights under this agreement, please contact AOL Bertelsmann Online, Attention: Data Protection Officer at 18-21 Cavaye Place, London SW10 9PG or via e-mail at DataInfoUK@netscapeonline.co.uk.
We may disclose your personal data if we are either compelled to do so by law, or in response to a valid, legally compliant request by a law enforcement or governmental authority.
This Agreement is intended to contain your entire agreement with Netscape Online relating to your use of the Netscape Online Service; we believe it to be fair and reasonable. However, terms and conditions may apply if you use other services provided over the Netscape Online Service (such as AOL Instant Messenger) or third party software or services, which terms and conditions shall be additional, and without prejudice to, this Member Agreement.
As Netscape Online's business and the online world continue to evolve, we will need to change provisions of this Member Agreement. If Netscape Online makes any changes to this Member Agreement which affect your obligations, we will notify you of them at least fourteen days in advance. If you don't agree to those changes, you may terminate your Netscape Online membership by contacting customer support by e-mail on support@netscapeonline.co.uk or calling our customer support number on 0901 900 9000 - calls to this number cost 50p per minute. By continuing to use Netscape Online, you will have accepted the relevant changes.
Netscape Online and its content providers and other third party suppliers may from time to time modify or remove aspects of the Netscape Online Service, including various types of content and services. Netscape Online will not, however, remove aspects of the Netscape Online Service which are fundamental to its nature without first giving fourteen days prior notice to members.
When you complete the Netscape Online registration process and become the account holder, Netscape Online grants you a non-exclusive licence for the duration of your membership to use the e-mail address selected by you (and confirmed by Netscape Online as accepted for your use with your account) during the registration process, as well as additional e-mail addresses which you establish during your membership. Emails addressed to the e-mail addresses chosen by you under your account will be delivered to a single mailbox. You may not use an e-mail address that is in breach of someone else's trade mark rights, and your e-mail address(es) cannot be vulgar, or be used in any way that does not comply with the other parts of this Member Agreement. It is your responsibility to maintain the confidentiality of your e-mail address and account password. Netscape Online staff will never ask you for your password.
As the account holder, you are responsible for all activity on your account and any breaches of this Agreement, which may result. You will receive important notices about your membership by e-mail from time to time, so it is important for you to check your account mailbox regularly. You are responsible for all use of your account, therefore you should supervise the use of them by others.
You are responsible for the security and proper use of your account password, and must take all necessary steps to ensure that the password is kept confidential and used properly. You must notify us promptly if you have any reason to believe that your password has become known by an unauthorised person or is being used in an unauthorised manner. If Netscape Online has reason to believe that there is likely to be a breach of security, Netscape Online may change your password. You must not use your account to gain unauthorised access to the computers of any person.
As the account holder, you are responsible for all purchases made by you or others using your account.
Telephone charges for connecting to the Netscape Online Service and interoperability between your PC, modem and the public telephone service are your responsibility.
In order to improve security and the enjoyment of your online experience, Netscape Online reserves the right to refuse access to the Netscape Online Service, or alternatively to prevent submission of content to the Service, if your caller line identification is blocked or the telecommunications carrier you are using is unable to pass on this information.
We provide the answers to many frequently asked questions relating to the Netscape Online Service within the Member Services area of the Netscape Online website. You should consult this area before contacting Netscape Online with specific questions. In the event that this area does not answer your questions, we provide a telephone helpline which is available to 8am-12 midnight , 7 days per week (except for Christmas day and New Year's day) on telephone no.: 0901 900 9000. The staff are available to be called by you if you require assistance in the resolution of technical problems or queries concerning the content available on the Netscape Online Service. Alternatively you can contact Customer Support via e-mail on support@netscapeonline.co.uk.
Calls to Customer Support are charged at 50p per minute and appear as an item on your telephone supplier's bills. You are responsible for paying for all such calls.
3. Online Conduct and Content
The information, software, communications, images and sounds contained within or available through the Netscape Online Service ("Content") is provided by Netscape Online and its affiliates, our members, independent content providers and other third parties. In general, Netscape Online does not pre-screen Content available through the Netscape Online Service but does reserve the right to remove or filter any that does not meet its standards.
We make no warranties or guarantees in respect of the Content or its availability. We are not responsible for content that is provided by others or for any failure or delay in removing it from the Netscape Online Service. Members must take responsibility for managing their own online experience, and that of others, who use their Netscape Online account. This is especially important where children are using the Netscape Online Service; they are safer online - and get more out of the experience - with adult supervision.
You are responsible for evaluating the accuracy, completeness and value of Content, goods and services offered by third parties through Netscape Online or the Internet. Netscape Online will not be party to any transaction concerning such Content, goods or services. Netscape Online makes no warranty or guarantee in respect of any goods or services which you may acquire through the Netscape Online Service and any concerns with such goods or services should be directed to the supplier of the goods and services in question.
Netscape Online is not responsible for content available on the Internet, although we reserve the right to block or filter access to areas on the Internet which may contain illegal or harmful content, or which may be used for purposes that are injurious to Netscape Online, the Netscape Online Service or its members.
In essence, you must ensure that your account is used, whether by you or anyone else, only for lawful purposes and in a manner, which does not in our reasonable opinion infringe the rights of any person or entity, or restrict anyone's enjoyment of Netscape Online or the Internet. As a Netscape Online member, you agree to adhere to these principles and you acknowledge that Netscape Online has the right to enforce them in its sole discretion. If you, or anyone using your Netscape Online account, breach these guidelines, Netscape Online may take action against you or your account. This action can range from a warning about the breach to the termination of each of your Netscape Online accounts.
You may have access to services provided by Netscape Online, such as newsgroups, which are available both to Netscape Online members and other Internet users. When using these other services your conduct remains subject to this Member Agreement; however, non-Netscape Online members who use these services are not subject to this Member Agreement and may not be governed by the same rules or standards.
Junk E-mail
Your accounts may not be used to send unsolicited bulk e-mail (or "junk e-mail").
Further, you may not use the Netscape Online Service to collect information, such as e-mail addresses, about Netscape Online members, nor use this information for junk e-mail purposes. If you have received junk e-mail and want to report it, simply use the "Forward" button on the e-mail screen and send it to abuse@netscapeonline.co.uk. Netscape Online may, without prior notice, take such measures as it deems fit to block or limit the transmission through the Netscape Online Service of junk e-mail.
Free Web space
Your use of the web space provided to you by Netscape Online free of charge indicates your agreement to these additional terms regarding such use. The maximum amount of web space, which you are entitled to use per Netscape Online account, is 20Mb per account. You are entitled to populate this space at your own discretion but subject to this Member Agreement. The Customer Support service referred to in Section 2 above shall include support on accessing your free web space but does not include support or advice relating to authoring or designing any content to be included in your web space.
Netscape Online will not back up any of the data on your free web space and is not responsible for the loss of any such data if you fail to back it up yourself. You are responsible for any content, which you use to populate the free web space provided to you.
Notwithstanding anything else in this Member Agreement, you may use the free Web space for business or commercial advertising however you do so at your own risk. You may not sell products or services directly over you free web space and you will remain responsible for any content or data used to populate your free web space, even if the content has been placed there by another person.
Chat Areas
If you access, use or contribute to any of the chat areas on the Netscape Online service, you agree to these additional terms in respect of such use. You must not use the chat areas to harass or attack people on any discriminatory grounds or engage in conduct, which causes, or is intended to cause, annoyance, inconvenience or distress. No content or language contributed to chat areas may be obscene, illegal, in breach of any other person's rights or which has an adverse effect on the tone and atmosphere of the dialogue taking place.
You must not engage in conduct, which causes, or is intended to cause, disruption to the chat areas or the dialogue taking place in them, including flooding or bombing the areas with e-mail or files. You may use nicknames but must not impersonate another person or member of Netscape Online staff or otherwise a person authorised by Netscape Online.
We do not undertake to monitor any conduct taking place within the chat areas nor to remove any conduct or content in breach of the above terms. The content and statements appearing in any chat area are not endorsed or opposed by Netscape Online nor will Netscape Online be liable for the accuracy or completeness of such content.
If you breach any of these terms whilst in a chat area, Netscape Online may provide you with a warning or otherwise exclude you from the chat area or the Netscape Online Service altogether (but is not obliged to do so).
Proprietary Rights
The content on the Netscape Online Service is owned by Netscape Online and others, and is protected by copyright, trademarks, and other intellectual property rights. It is very easy to copy things in cyberspace, but this does not mean it is acceptable or legal. You must not copy, modify, distribute, show in public or create any derivative work from any of the content you find on Netscape Online, unless you have a right to do so. Doing so can lead to the termination of your Netscape Online account - and may even breach the criminal law. Further, content owners may initiate criminal or civil action against you. In that event, you will be required to indemnify Netscape Online and others against liabilities which may result (see Section 7 "Indemnification" below).
You agree only to make authorised, legal uploads and downloads of content through Netscape Online, whether the content is software, music, video, graphics, text or anything else. All the content you transmit must either be your own or you must be expressly authorised to distribute it through the Netscape Online Service.
By submitting content on to or through an area, you are representing that you are fully entitled to do so, and that you grant to Netscape Online the non-exclusive right to copy, modify, distribute, show in public and create derivative works from that content in any form, anywhere. You also grant Netscape Online members the right to use such content for personal, non-commercial purposes.
5. Netscape Online Software Licences
You use Netscape Online proprietary software to access Netscape Online, which you agree to use in accordance with this Member Agreement. You may not sub-licence, or charge others to use or access, our software. We may occasionally provide automatic upgrades of both Netscape Online proprietary software and third party software bundled with the Netscape Online software to improve your online experience.
Netscape Online grants to you a non-exclusive, limited licence to use Netscape Online proprietary software to connect to the Netscape Online Service from authorised locations in accordance with this Member Agreement. This licence is subject to the restriction that, except where expressly permitted by law, you may not translate, reverse-engineer, reverse-compile, decompile, disassemble or make derivative works from, the Netscape Online software; nor may you modify the Netscape Online software or use it in any way not expressly authorised by this Agreement. You agree that the technologies introduced by Netscape Online may not be consistent across all platforms (e.g., Macintosh).
6. Warranty and Liability
You agree that the Netscape Online Service, Netscape Online software, third party virus checking technology, any other bundled third party software and the Internet are supplied or made available to you as provided and for your personal use only, and that your use of each is at your sole risk. Netscape Online does not make (and expressly excludes) any warranty, representation or undertaking that you will be able to access the Netscape Online Service at a time or from any location of your choosing, or that there will be adequate capacity for the Netscape Online Service as a whole or for particular products, services or content. However, Netscape Online will use reasonable skill and care to provide and maintain the availability of the Netscape Online Service.
This Member Agreement is intended to contain all of the undertakings and warranties we give about the Netscape Online software and the Netscape Online Service. Accordingly, we exclude from this Member Agreement all representations and warranties relating to its subject-matter (including any about content or the Netscape Online software), whether they are statutory or otherwise, as far as is possible by law.
Netscape Online will attempt to maintain the Content in a reasonable fashion but can not accept any responsibility for any non-availability, inaccuracies, defects or loss of data or any financial losses resulting from your use of the Content or any failure of the Content to be suitable for the purposes for which you require it. Any use you make of, or reliance on, the Content is entirely at your own risk.
As Netscape Online is providing the Netscape Online Service free of any charge, Netscape Online will not be liable to you or any third party for any loss or damage (whether direct, indirect or consequential) arising out of your use of the Service or otherwise connected with this Agreement, including for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this agreement or otherwise), even if that loss or damage was foreseeable by, or the possibility of it was brought to the attention of, Netscape Online.
Nothing in this Section 6 shall be read to limit or restrict Netscape Online's liability for death or personal injury arising out of Netscape Online's negligence or liability for any fraudulent conduct on the part of Netscape Online.
As much of the content over the Netscape Online Service is supplied by third parties, those third parties shall have the benefit of this Section 6 (apart from its first paragraph) as if they were referred to as Netscape Online. However, in using content and areas provided by third parties, you may be required to agree to additional terms and conditions: Netscape Online will not be a party to any contract which results.
7. Indemnification
Upon request by Netscape Online, you agree to indemnify Netscape Online and its employees and contractors from all liabilities, claims and expenses that arise from any breach of this Member Agreement, use of the Netscape Online Service or the Internet, or the transmission of any content through the Netscape Online Service by you or through your account. Netscape Online reserves the right, at its own expense, to assume the exclusive defence and control of any claim which is subject to indemnification by you under this Member Agreement, in which event you will (from that time onwards) have no further obligation to provide indemnification for that claim.
8. Termination
This Member Agreement commences upon registration by you to the Netscape Online Service and continues in force, as amended from time to time, unless terminated by you or us. You can cancel this Member Agreement and your membership by contacting Member Services in the manners set out above. Termination by you will be effective and your account cancelled within 72 hours of the time of delivery of notice.
Termination by you of your account is your sole right and remedy against Netscape Online where you are in any way dissatisfied with the Netscape Online Service, including if you are unhappy with: any term of this Member Agreement; any policy or practice of Netscape Online; any changes made to them in accordance with this Member Agreement; or your ability to access and use the Netscape Online Service.
Netscape Online may terminate your membership immediately if you breach one or more of your obligations in this Member Agreement and your breach is, in Netscape Online's reasonable discretion, material. This kind of breach generally arises where applicable laws or third party rights have been violated in some way, or your online conduct has adversely affected someone's (including Netscape Online's) interests or another member's use of the Netscape Online Service. Non-exhaustive examples include:
(i) online behaviour - or the distribution of content - which is likely to infringe the criminal law or someone's rights;
(ii) the sending of unsolicited bulk e-mail; or
(iii) behaviour which affects Netscape Online's ability to provide the Netscape Online Service.
Alternatively Netscape Online may decide, in its discretion, to suspend your membership or to issue a warning to you instead of terminating your membership immediately. A non-exhaustive examples of activity which Netscape Online may decide to treat in this way is online behaviour which causes annoyance, but which is not (in Netscape Online's opinion) serious or intentional. If there is any subsequent breach, Netscape Online will be entitled to terminate your membership immediately.
In addition, Netscape Online may cancel this Member Agreement and your Netscape Online account if you fail to log on to the Netscape Online Service at least once in any 90 day period.
Termination of your Netscape Online account will result in the immediate deletion of your e-mail addresses, emails, web space and any other data you may have stored on the Netscape Online Service. Nonetheless, upon termination for any reason, Netscape Online will keep you e-mail address available for a further 3 months but thereafter the e-mail address will become available to be provided to another user. You have no rights in your e-mail address after termination or cancellation of your account.
Termination of this Member Agreement shall not affect any rights accrued in favour of you or us. This Section 8 (Term and Termination) and Sections 6 ("Warranty and Liability"), 7 ("Indemnification"), 9 ("Law"), and 10 ("Miscellaneous") of this Member Agreement shall all survive such termination.
9. Law
This Agreement shall be governed by and construed in accordance with the laws of England and Wales.
10. Miscellaneous
Precedence
Where there is any conflict or discrepancy between any provision of this Member Agreement and any other policy issued by Netscape Online at any time to its members, the terms of this Agreement shall take precedence, unless the policy in question states that it takes precedence.
Notice to You
Under this Agreement, we may be required to give you notice about important matters from time to time. Such notice may be given to you by e-mail, letter or via online notification. E-mail notice will be sent to your registered account over the Netscape Online Service. Postal notice will be sent to the address you provide us in your registration, and which you may modify in the Member Services area of the Netscape Online website.
Notice to Us
You may give notice to Netscape Online by contacting Member Services via e-mail at support@netscapeonline.co.uk or by calling 0901 900 9000 - calls are charged at 50p per minute. E-mailed notice will have been given two days after the date of its delivery. Postal notice will have been given two working days (Mondays to Fridays, UK bank holidays excluded) after proven dispatch by first class recorded delivery post.
Assignment
Netscape Online reserves the right to assign or subcontract any of its rights or obligations under this Member Agreement. You may not, without the written consent of Netscape Online, assign or dispose of this Member Agreement.
Matters Beyond Our Reasonable Control
Netscape Online shall not be liable for any failure or delay in performance of its obligations under this Agreement caused by matters beyond its reasonable control.
No Waiver
If you or we fail to exercise any right or remedy under this Agreement, that failure won't operate as a waiver of that right or remedy, or prevent it from being exercised subsequently.
11. Questions about this Member Agreement
If you have questions about the Member Agreement, or about your rights and responsibilities as a Netscape Online member, please contact Member Services via e-mail at support@netscapeonline.co.uk or by calling 0901 900 9000 - calls are charged at 50p per minute.
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