MSN Internet Access (hereinafter “MSN”) is an internet access service provided by The Microsoft Network, L.L.C. through Microsoft Corporation (collectively “Microsoft”), subject to the terms and conditions of this MSN Internet Access Member Agreement ("Agreement"). This Agreement constitutes the
entire agreement between you (hereinafter "you" or "Member") and Microsoft with respect to MSN.
MICROSOFT RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AT ANY TIME BY
POSTING CHANGES ONLINE AT LEAST 30 DAYS IN ADVANCE OF THE EFFECTIVE DATE OF
ANY CHANGES. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING INFORMATION
POSTED ONLINE IN THE “MSN MEMBER SERVICES” AREA TO OBTAIN TIMELY NOTICE OF
SUCH CHANGES. YOUR NON-TERMINATION OR CONTINUED USE OF MSN AFTER
CHANGES ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AS
MODIFIED BY THE POSTED CHANGES. This Agreement takes effect on the date on which you
accept this Agreement and continues until your MSN membership is terminated either by you or by
Microsoft.
For information regarding your privacy and MSN, please see the MSN Internet Access Privacy Statement. We encourage you
to periodically review this statement, as it is updated on a regular basis.
When you obtain an MSN Internet Access account, you will automatically be provided with a Microsoft Passport account.
Please visit www.passport.com to learn more about Microsoft Passport, its privacy commitment, and the use of your information if you chose to use your Microsoft Passport account.
1.Essentials of Your Membership
the legal right and ability to enter into this Agreement and to use MSN in accordance with this Agreement. You may terminate
your MSN membership at any time, with or without cause, upon notice to Microsoft as specified in the Member Services area
online; provided that you are responsible for all charges, which have been submitted, prior to your notice of termination. If
you are participating in any trial period offer, you must terminate your membership prior to the end of the applicable trial
period in order to avoid incurring service charges. Microsoft may terminate or suspend your MSN membership at any time,
with or without cause, with or without notice. Your MSN membership is personal to you, you agree not to assign, transfer, or
sublicense your rights as a member unless specifically allowed by this Agreement. You may allow other members of your
household (including minors) to use your MSN account, provided that you agree to pay all charges that they incur and to be
responsible for all other aspects of their usage, which includes any roaming charges and telecommunication charges for con-
necting to MSN such as long distance charges. You acknowledge that you are aware that some areas of MSN and the Internet
may contain material that is unsuitable for minors, and you agree to supervise usage by minors whom you permit to use your
MSN account. You acknowledge and agree that the party being billed for your MSN membership (that is, the party who is
responsible for the credit card or other account associated with your account) has the right to terminate the account at any time
and to request and receive usage information related to such account.
MSN Member Agreement1as of 06/13/00
. You represent and warrant that you are at least 18 years of age and that you possess
2.MSN Usage.
2.1As a condition of your use of MSN, you warrant to Microsoft that you will not use MSN for any purpose that
is unlawful or prohibited by these terms, conditions, and notices. MSN is provided to individuals only and for personal use
only. You agree to use MSN only to send and receive personal messages. Any unauthorized commercial use of MSN, or the
resale of its services, is expressly prohibited.
You agree to abide by all applicable local, state, national and international laws and regulations. You are solely responsible for
all acts or omissions that occur under your account or password, including the content of your transmissions through MSN.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from,
transfer, or sell any information, software or services obtained from or through MSN.
2.2You agree not to do any of the following while being connected to MSN:
•
Use MSN or any of its related services in connection with surveys, contests, pyramid schemes, chain letters,
junk e-mail, spamming, or any duplicative or unsolicited messages to parties with whom you have no prior
relationship (commercial or otherwise).
•
Send unsolicited e-mail or instant messages through third-party mail servers to relay your message or hide
the origination of your message or any other message to others.
•
Use your e-mail account in the text of unsolicited email messages or Web sites as an address to which
members or other Internet users can respond.
•
Mass-post, cross-post, or post off-topic messages to any newsgroup or bulletin board service.
•
Use simultaneous, unattended, or continuous connections to MSN with one account.
•
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and
publicity) of others.
•
Publish, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or
unlawful material or information.
•
Advertise or offer to sell or buy any goods or services for any non-personal purpose.
•
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
•
Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a
message.
•
Use, download, or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not an
MSN member any directory of MSN members, or any other user or usage information or any portion of any
of them.
•
Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any
other harmful or deleterious programs.
•
Transmit or upload any material that contains software or other material protected by intellectual property
laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto
and have the legal right to do so or have received all necessary consents.
•
Interfere with or disrupt networks connected to MSN or violate the regulations, policies, or procedures of
such networks.
•
Attempt to gain unauthorized access to MSN, other MSN accounts, or computer systems or networks connected to MSN, through password mining or by any other means.
•
Violate any applicable laws or regulations including, without limitation, laws regarding the transmission of
technical data or software exported from the United States.
•
Interfere with another member’s use and enjoyment of MSN or another individual’s or entity’s use and
enjoyment of similar services.
•
View, intercept, or attempt to intercept e-mail or other private communications not intended for you.
•
Violate any posted guidelines or codes relating to the use of MSN.
MSN Member Agreement2as of 06/13/00
Without limiting any of Microsoft’s rights to terminate your MSN membership as described elsewhere in this Agreement,
Microsoft may terminate your MSN membership for violation of any of the foregoing rules without notification.
2.3Microsoft has no obligation to monitor any member’s use of MSN or retain the content of any user session.
However, Microsoft reserves the right at all times and without notice to delete any content and to monitor, review, retain and/
or disclose any content or other information in Microsoft’s possession, however obtained, about or related to you, your use of
MSN or otherwise as necessary or useful to satisfy any applicable law, regulation, legal process, or governmental request.
2.4When using MSN you are subject to all the rules specified by the services and Web sites you visit., This
includes other MSN-branded services and Web sites as well as services and Web sites operated by third parties. If another
party reports that you have violated their rules, you agree that Microsoft may take appropriate action just as if you had violated
this Agreement.
2.5You must promptly notify Microsoft if you become aware of a potential breach of security, such as the unau-
thorized disclosure or use of your MSN Member Identification, user name, or password.
3.Charges and Billing
3.1You agree to pay all charges for your use of MSN at the prices then in effect including any charges for
optional and premium services (e.g. DSL service, ISDN service, etc.). Certain MSN promotions or plans may require
termination or cancellation charges. You agree to pay all such termination or cancellation charges as specified in the materials
describing such promotions and plans. All MSN charges are exclusive of sales or other taxes. MSN charges, if applicable, will
be subject to sales or other taxes as appropriate. Microsoft reserves the right to modify or terminate membership plans, change
.
prices, or institute new charges for MSN at any time with at least thirty (30) days' notice to Members. You may terminate
your membership, as specified in the Member Services area. However you are responsible for all charges submitted prior to
the termination of your account.
3.2It is possible the access number you program your modem to use to connect to MSN may be a telephone
number that results in additional or long distance charges being billed to you by a third party even if such number was pre-
sented by MSN as an appropriate access number for your area.
access number you are using is subject to any additional charges. It is your responsibility to contact your telephone
company to determine whether the access number you select is subject to additional charges
charges you incur by using a long distance telephone number to connect to MSN, including those that may be billed to
you by a third party. Microsoft will not reimburse you for any charges incurred by you as a result of selecting an access
number that is subject to additional and/or long distance charges.
3.3You also agree to pay any additional MSN charges that you incur if you connect to MSN through an MSN
telephone number while you are in a country that is not the country associated with your MSN account (hereinafter referred to
as “Roaming Charges”). Roaming Charges are in addition to any long distance telephone charges you may incur when access-
ing MSN from another country. Please check the FAQ in the Member Services area online to view the current rates for MSN
Roaming Charges.
You are solely responsible for determining whether the
You agree to pay any
.
MSN Member Agreement3as of 06/13/00
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