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Terms of Service for registered customers

These Terms of Service apply only to Registered Customers – that means registered Screen Name holders on aol.co.uk who do not have internet access provided by AOL.

These Terms of Service form an agreement between you and AOL Europe Services Sarl, the Luxembourg based company which provides the services available through aol.co.uk (“AOL”, “we” or “us”).

By registering for a Screen Name and using aol.co.uk you signify that you agree to these Terms of Service.

We recommend you print and/or save a downloaded copy of these Terms of Service on your computer.

About AOL.co.uk

Through using your Screen Name you will be able to access a wide variety of services through aol.co.uk and other content and services through AOL’s affiliated providers (collectively, "the Services"). We are not responsible for the content or dealings that you may have with any third party if you use your Screen Name to access their web sites and services. Your remedies are solely with the third party.

Registration

We will open a registered user account for you when you complete your registration. You will select (or we may assign to you) a Screen Name that will be identified with your account. All Screen Names are the exclusive propertly of AOL. AOL provides you with a limited, non-exclusive licence for no more than the term of your membership to use the Screen Name you select to access the Services. You will also be able to select a password to access your Screen Name. Your Screen Name and password are your credentials to give you access to the Services on aol.co.uk. You must provide complete and accurate information about yourself. You must be legally competent to enter into contracts. You agree to keep this information up to date. You may not have a Screen Name that is used by someone else, is vulgar, attempts to impersonate another person or violates the rights of others. We may reject any Screen Name that we determine in our discretion is unacceptable for use on aol.co.uk.

Your password is the key that unlocks your account. It is important that you do not reveal your password to other users. AOL will never ask you for your password. You agree not to reveal your password to other users and you agree to indemnify and hold AOL harmless for any improper or illegal use of your account. This includes illegal or improper use by someone to whom you have given permission to use your account. Your account is at risk if you let someone use it inappropriately.

Personal Information

Personal Information is information that identifies you, including identity and billing information that you may provide to AOL. Your Personal Information will be collected, processed stored and used by us, and passed to and processed by our subsidiary and/or affiliated companies (together "AOL Group Companies") and other data processors acting under our control, to provide the services available through aol.co.uk, to provide customer support and for other purposes described here and in our Privacy Policy (http://info.aol.co.uk/about/legal/privacypolicy.adp).

AOL is part of a global organisation and many of the computers and companies that process data on our behalf are based in the USA and other countries outside the European Union ("EU"). Therefore, your Personal Information (which, if you provide it to us, may include data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, or concerning health or sex life) may be transferred to, processed and held both inside and outside the EU. Countries outside the EU may not have as well developed data protection laws in place to protect your information as those inside the EU, but we will ensure your Personal Information is treated in compliance with EU data protection laws, this Agreement and our Privacy Policy (http://info.aol.co.uk/about/legal/privacypolicy.adp). Details of companies and countries processing your data will be provided upon request, by writing to the postal or email address for Personal Information Enquiries below.

The details of:

- what Personal Information we collect;
- how we use and store your Personal Information,
- how long we keep your Personal Information for,
- who has access to your Personal Information, and what for,
- what choices you have as to how your Personal Information will be used, and
- how to tell us about your choices

are contained in our Privacy Policy (http://info.aol.co.uk/about/legal/privacypolicy.adp).

Inactive Status

In addition to the termination rights that we have under these Terms of Service, we reserve the right to deactivate your Screen Name if your account has been inactive for more than 90 days. This means you must use your account regularly such as by logging into a Service with your Screen Name in order to keep your registration active. If we deactivate a Screen Name, we have the right to reassign that Screen Name to another user.

Your Responsibilities

You are responsible for all activities under your account, including the use of your account and Screen Name by others. You are responsible for keeping your password confidential. You may use the Services for lawful purposes only. You may not submit or transmit through aol.co.uk any material, or otherwise engage in any conduct that:

1. violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
2. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
3. victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
4. impersonates any person, business or entity, including AOL and its employees and agents;
5. contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorised use of a computer or computer network;
6. encourages conduct that would constitute a criminal offence, or that gives rise to civil liability;
7. violates these Terms of Service, guidelines or any policy posted on aol.co.uk, or
8. interferes with the use of the aol.co.uk by others.

You may not use aol.co.uk or the Services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of aol.co.uk or the Services. You may not attempt to gain unauthorised access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent any breach or enforce these Terms of Service.

The Services

We may change or discontinue any Service or feature on a Service at any time without notice. We may impose general operating rules for the Services. For example, we may establish limits on storing, uploading or downloading any data or impose “time outs” if you are idle on a particular Service. Certain Services will have additional terms (such as policies, guidelines, and subscription terms) that will further govern your use of the particular Service and supplement these Terms of Service. Additional terms may apply to your use of specific Services. These will be set out either in this document or within the Service itself.

No Spam

You may not use any of our Services or communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not allow others to use your account to violate the terms of this section. We may terminate your account immediately and take other legal action if you or anyone using your account violates these terms. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilising, or remaining within our computer or communications networks.

Access Costs

You must provide at your own expense the equipment and internet connections that you will need to access the Services. Those costs are in addition to any fees you pay if you elect to subscribe to any fee-based Service on aol.co.uk.

Fees and Payment

We may offer premium services and content through aol.col.uk for a fee. Payment and other applicable terms will be disclosed to you at the time you sign up for any fee-based service and you will be subject to those additional terms.

Content

Certain areas of aol.co.uk may allow you to post text, messages, information, software, images, audio and video (“Content”) that can be accessed and viewed by others, including the public in general. You may only post Content to public areas on the Services that you created or that you have permission to post. You may not post Content that violates these Terms of Service. We do not claim ownership of any Content that you may post. However, by submitting Content to public areas of the Services, you grant us, our parent, affiliates, and distributors the right to use, copy, display, perform, distribute, adapt and promote this Content in any medium.

We are not liable for Content that is provided by others. We have no duty to pre-screen Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material.

We are not responsible for Content made available on the internet. Any dealings that you have with advertisers on aol.co.uk are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.

We, our suppliers, and our other users who lawfully post Content on the Services own the property rights to that Content. The Content is protected by copyright, trademark and other intellectual property rights and may also have security components that protect digital information. You may only use such Content for personal, non-commercial purposes. You may use Content offered for downloading, such as photos and music, for personal use only and subject to the rules that accompany that particular Content. You may not use the Content in a manner that exceeds the rights granted for your use of the Content, which includes unauthorised copying or distribution of the Content or creating an unauthorised derivative work. You may not circumvent any mechanisms for preventing the unauthorised reproduction or distribution of the Content.

Software

We or our suppliers may provide you with software to use with the Services (“Software”). Such Software will be subject to the terms of the licence agreement that accompanies the Software. If there is no licence agreement presented to you with the Software, then we and our suppliers grant you a personal, non-exclusive, non-transferable, limited licence to install the Software on any single computer or device from which you wish to access and use the Services. Such Software is protected by copyright and other intellectual property laws and treaties and owned by us or our suppliers. You may not sell or redistribute the Software. You may not incorporate it or any portion of it into another product. You may not reverse engineer, decompile or disassemble the Software or otherwise attempt to derive the source code (except where expressly permitted by law). You may not modify, adapt or create derivative works from the Software in any way or remove proprietary notices in the Software. You may access the Services only through the Software, interfaces and protocols provided or authorised by us. You agree to abide by all laws and regulations in effect regarding your use of the Software and the Services. Finally, you may not authorise or assist any third party to do any of the things prohibited in this paragraph.

We may automatically check your version of the Software. We may automatically update the Software on your computer to improve the performance and capabilities of the Software. If you shut down the Software during an automatic update or otherwise interfere with the installation of the update, the Software may be damaged and/or cease to operate.

Your licence will end on the date your applicable Service ends. Your licence will also end if we modify the Service in a way that no longer supports the Software. We may disable the Software after the date the Service ends.

Support Services

You are using the Software and Services at your own risk and we are under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes and/or enhancements of the Software, although we reserve the right to do so.

Your Warranties

You represent and warrant that you will use the Software and the Services only for lawful purposes and in accordance with this Agreement, and that you will not use the Software or the Services to violate any law, regulation or right of any third party.

Our Liability to You

Your use of aol.co.uk, the Services, the Software and the internet is at your sole risk. aol.co.uk, the Services, the Software and any other third party software or content which may be bundled with Software is provided "as is" and "as available" for your use, without warranties of any kind. AOL will, however, use reasonable skill and care to provide and maintain the availability of the Services. We do not warrant that the Software will interoperate with any software or device in a way which is satisfactory.

AOL and its affiliates expressly exclude any warranty, representation or undertaking that you will be able to access or use aol.co.uk, the Services or the Software at times or locations of your choosing, or that AOL will have adequate capacity for the Services as a whole, for any specific product, Service or Content, or in any specific geographic area. Due to the nature of interactive services, AOL depends upon third parties over which it may have little or no control for the delivery of the Services (for example, to deliver emails sent to and from internet addresses). AOL is not liable for deletion, corruption or failure to store any email messages or other content on the AOL Service. AOL does not warrant that any software or content available through aol.co.uk or the Services will be free from any virus, worm, Trojan horse or other program or device that is apparently intended to access and modify, delete or damage data files or computer programmes. The Services are consumer services and not designed to be used by members in connection with the conduct of their, or their employers' or contractors', commercial activities. If you choose to do so, it is entirely at your own, and your employer's or contractor's, risk.

AOL shall not be liable for any loss not reasonably foreseeable by AOL when these Terms of Service are entered into, nor for any loss of data, profit, revenue or business or wasted expenditure, howsoever caused, arising from your use of aol.co.uk, the Services, the Software, the internet or for any other claim related in any way to your relationship with AOL. AOL does not endorse, warrant or guarantee any product or Service offered through aol.co.uk by a third party, and will not be a party to, or responsible for monitoring, any transaction between you and such a third party. We shall not be liable for any failure or delay in performance of our obligations under these Terms of Service caused by matters beyond our reasonable control.

Without limiting the above paragraph (and except for AOL's liability for death or personal injury caused by its negligence, for which AOL's liability shall be unlimited), the liability of AOL under or in connection with the Terms of Service (whether arising in negligence or otherwise) will not under any circumstances exceed £1,000, regardless of the cause or form of action. Your statutory rights are unaffected.

Indemnification

You agree to defend and indemnify harmless AOL and AOL Group Companies against all liabilities, claims and expenses, including reasonable legal fees, that arise from any infringement of third party intellectual property or other rights resulting from any breach of these Terms of Service for which you are responsible. AOL reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification for AOL in that matter.

Termination

We may cancel or suspend your account or Screen Name at any time, without cause and without notice. We may terminate and/or suspend your account or Screen Name immediately, without notice, if there has been a violation of these Terms of Service and such other policies and terms posted on the Services, if your account has been deactivated for inactivity (see the “Inactive Status” section above), or if you have failed to pay your subscription fees if you have subscribed for a particular fee-based Service. Your right to use the Services will end once your Services are cancelled or terminated and any data you have stored on such a Service may be unavailable later. If you have subscribed to any fee-based service, you remain responsible for paying any amounts owed on your account at the time your fee-based service and/or account is terminated or cancelled. If you are participating in any free promotional offer for accessing a fee-based service, you must cancel such Service before the end of the free trial period to avoid incurring charges. Certain fee-based Services may require cancellation charges, and you will pay all cancellation charges specified to you at the time you register for the Service.

Change to these Terms of Service

We may change these Terms of Service at any time, although we may provide you with 30 days notice by email of any material changes. You are responsible for regularly reviewing the Terms of Service and any additional terms posted on aol.co.uk. Your ongoing use of aol.co.uk after the changes take effect signifies your agreement to the new terms. If you disagree with the changes to these Terms of Service, simply discontinue your use of aol.co.uk before the modifications take effect.

Disputes

If you have a comment or complaint about aol.co.uk, please contact us using our contact details (http://info.aol.co.uk/about/legal/privacypolicy.adp). We will attempt to resolve any concerns you may have as soon as possible.

Notices

You agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents or other communications regarding the Services (collectively, “Notices”). We can send you electronic Notices (1) to the email address that you provided to us during registration, (2) to any email account you open with a Service, or (3) by posting the Notice on the applicable Service or otherwise through aol.co.uk. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable Service.

Entire Agreement

This contract and any supplemental terms, policies, rules and guidelines posted on aol.co.uk constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Jurisdiction and Choice of Law

The contract between you and us comprised in these Terms of Service is entered into in Luxembourg and governed by the laws of England and Wales. You and we submit to the non-exclusive jurisdiction of the courts of England and Wales in relation to any dispute arising out of these Terms of Service.

Assignment

We may assign this contract at any time without Notice to you. You may not assign this contract to any one else.

Third Parties

You agree that these Terms of Service are not intended to confer and do not confer any rights or remedies upon any person other than the parties to this Agreement, whether under the Contracts (Rights Of Third Parties) Act 1999 or otherwise.

Severance

The invalidity, illegality or unenforceability of any provision of these Terms of Service shall not affect or impact the continuation in force of the remainder of this Terms of Service.

No Waiver

If you or we fail to exercise any right or remedy under this Terms of Service , that failure won't operate as a waiver of that right or remedy, or prevent it from being exercised subsequently.