EarthLink Policies and Agreements

TERMS OF USE

1. Agreement
These Terms of Use (the "Terms of Use") apply to all visitors to the MyEarthLink Web Site located at http://my.earthlink.net, http://isp.earthlink.net and any and all successor web sites (this "Web Site"). These Terms of Use are a legally binding agreement between EarthLink, Inc. ("EarthLink") and you regarding your use of this Web Site. Because these Terms of Use contain legal obligations, please read them carefully.

The term this "Web Site" includes all of the pages within the my.earthlink.net domain and any and all successors including content, text, information, images, graphics, files, links, multimedia materials, software, data, marks, trademarks, "look and feel," and all copyrightable or otherwise legally protectible items and elements. The term "use" or "using" in connection with this Web Site and these Terms of Use means and refers to any time you, directly or indirectly, attempt to or actually access, utilize, display, view, browse, visit, print, copy, transmit, interact with or link from this Web Site in any way for any purpose.

These Terms of Use include the EarthLink Privacy Policy, which is incorporated herein. The EarthLink Privacy Policy explains EarthLink's practices and policies regarding its collection and use of your information when you use this Web Site.

By visiting and using this Web Site, you accept and agree to be bound by these Terms of Use and the EarthLink Privacy Policy. Your access to this Web Site is governed by all applicable federal, state and local laws.

IF FOR ANY REASON YOU ARE UNWILLING OR UNABLE TO AGREE TO THE TERMS AND CONDITIONS IN THESE TERMS OF USE, IMMEDIATELY STOP USING THIS WEB SITE.

2. Links to Third Party Sites
This Web Site contains links to third party Internet web sites ("Third Party Sites"). EarthLink does not control the information, data, opinions, code, software, graphics or any other information on the Third Party Sites. EarthLink provides the links from this Web Site to Third Party Sites as a convenience to you and the inclusion of such links does not constitute or imply an endorsement by EarthLink of such Third Party Sites. EarthLink does not guarantee the accuracy, reliability, legality, completeness, or quality of the content on any Third Party Sites or any products or services offered through the Third Party Sites ("Third Party Sites Products and Services").

Your communications with, business dealings with or participation in promotions of the advertisers or third parties on the Third Party Sites ("Third Party Companies"), including payment and delivery of Third Party Sites Products and Services and any other terms, conditions, or warranties associated with such dealings, are solely between you and such Third Party Companies.

The Third Party Sites also include their own privacy policies and web site use policies that EarthLink does not control. Use of any information you provide on a Third Party Site or to a Third Party Company is governed by the privacy policy of such Third Party.

EarthLink reserves the right to discontinue or change any service, content or function on this Web Site, including the links to Third Party Sites, at any time and without notice.

3. Cookies
A "cookie" is a small data file that can be placed on your hard drive when you visit certain websites. EarthLink may use cookies to collect, store, and sometimes track information for statistical purposes to operate and improve this Web Site and to manage EarthLink's network and property. If you created your own personal start page, EarthLink will use a cookie to save your settings and to provide customizable and personalized services. The cookies provide data so that EarthLink can determine which links are the most popular with users.

Additionally, if you visit a Third Party Web Site where you are prompted to log in or that is customizable, you may be required to accept cookies. EarthLink does not control use of these cookies and expressly disclaims responsibility and liability for information collected through them.

If you set your browser not to accept cookies or you delete them, you will not be able to take advantage of the personalized features of this Web Site.

Please see the EarthLink Privacy Policy for more information regarding how EarthLink protects your privacy and security.

4. Intellectual Property Rights
The EarthLink trademarks, logos and services marks displayed on this Web Site ("EarthLink Marks") are the property of EarthLink. You are not permitted to use (i) the EarthLink Marks in any way without the prior written consent of EarthLink or (ii) any other marks displayed on this Web Site without the prior written of their applicable owner.

EarthLink and its licensors own the rights to the content on this Web Site ("EarthLink Content"). The EarthLink Content is and will remain the exclusive property of EarthLink and its licensors. The EarthLink Content may not be updated daily and therefore, certain information may not be the most current information available. EarthLink does not guarantee the accuracy, reliability, legality, completeness or quality of the EarthLink Content.

You are granted a limited license and right to use the EarthLink Content solely for your personal, non-commercial use, but under no circumstances, directly or indirectly, for commercial use. You may not otherwise reproduce or modify any of the EarthLink Content without the written permission of their owner. You agree not to alter, delete or conceal any notices or legends on this Web Site or any EarthLink Content or circumvent any protective or security mechanisms used in connection with this Web Site.

Upon notice, EarthLink will act expeditiously to remove any EarthLink Content that infringes the copyright of others. If you believe that this Web Site contains content that infringes the copyright of others, please follow the procedures set forth in the EarthLink Digital Millennium Copyright Policy. Upon receipt of a properly delivered notification satisfying the requirements of the Digital Millennium Copyright Act, EarthLink will follow the policies set forth in its EarthLink Digital Millennium Copyright Policy.

5. Member Usernames, Passwords and Security
Certain customized services on this Web Site are available only to EarthLink subscribers ("Members"). Members must sign in with their email address and password to access these customized services.

Members' usernames, passwords, email addresses and IP addresses are EarthLink's property and EarthLink may alter or replace them at any time. Members are requested to notify EarthLink immediately of any unauthorized use of their username or password or any other breach of security and to exit from their EarthLink account at the end of each session.

Both Members and other visitors to this Web Site are responsible for the security of their computers and data and for the costs incurred to access this Web Site through any Internet connection including wireless services.

If for any reason you want to limit your children's access to this Web Site, there are a number of parental control protections which are commercially available.

6. Limitation of Liability and Disclaimers
THIS WEB SITE IS MADE AVAILABLE "AS IS". EARTHLINK DOES NOT WARRANT THAT THIS WEB SITE WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY, OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. EARTHLINK MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EARTHLINK MAKES NO WARRANTIES REGARDING ANY CONTENT ON THIRD PARTY WEB SITES OR THIRD PARTY WEB SITES' PRODUCTS OR SERVICES.

EARTHLINK, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS AND CONTRACTORS (COLLECTIVELY, "EARTHLINK PARTIES") WILL NOT BE LIABLE FOR ANY COSTS OR DAMAGES OF ANY KIND, INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH (I) THIS WEB SITE; (II) THE THIRD PARTY WEB SITES; (III) THE ACCURACY, USEFULNESS OR AVAILABILITY OF THE CONTENT ON THIRD PARTY WEB SITES; (IV) ANY TRADING OR INVESTMENT DECISIONS BASED ON THE CONTENT OF THIRD PARTY WEB SITES; (V) ANY THIRD PARTY SITE PRODUCTS OR SERVICES; (VI) ANY BUSINESS DEALINGS WITH THE THIRD PARTY WEB SITE COMPANIES; (VII) ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE; (VIII) LOSS OF DATA THAT RESULTED FROM ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED FROM THIS WEB SITE OR THE THIRD PARTY WEB SITES, OR (IX) ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO PROTECT THE SECURITY OF YOUR USERNAME(S) OR PASSWORD(S).

THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF ANY EARTHLINK PARTY WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST ANY EARTHLINK PARTY IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE. YOUR SOLE AND EXCLUSIVE REMEDIES HEREUNDER ARE AS EXPRESSLY SET FORTH IN THESE TERMS OF USE. ANY WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS UNDER CERTAIN LAWS IN CERTAIN STATES WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.

7. Indemnification
You agree to defend, indemnify and hold harmless the EarthLink Parties from and against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), attorney's fees and expenses that an EarthLink Party may sustain or incur by reason of (i) your use of this Web Site in violation of applicable federal, state or local laws or regulations; (ii) your breach of these Terms of Use; or (iii) claims of infringement, misappropriation or violation of the rights of others arising from your use of this Web Site. EarthLink reserves the right, at EarthLink's expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with EarthLink in asserting any available defense. Your indemnification obligations will survive the termination of these Terms of Use.

8. Violations of these Terms of Use
You may never use, allow or enable others to use this Web Site or knowingly condone use of this Web Site to do or attempt to:

  • Violate any federal, state or local laws, rules, regulations, judicial or governmental order;
  • Impersonate any other person, firm or enterprise including EarthLink or any of EarthLink's employees and agents;
  • Gain unauthorized use of this Web Site, other Members' email addresses, accounts, password information, or personally identifiable information;
  • Modify, disrupt, impair, alter or interfere with (i) the use, features, functions, operation or maintenance of this Web Site or the servers or networks connected to this Web Site, or (ii) the rights or use and enjoyment of this Web Site by any other person, firm or enterprise; or
  • Use this Web Site in any manner which violates these Terms of Use including EarthLink's Privacy Policy.

EarthLink requests that if you believe that there is a violation of these Terms of Use, please direct the relevant information to Director-Abuse Department, at: abuse@earthlink.net.

If available, please provide the following information in your report:

  • The IP address used to commit the alleged violation, and
  • The date and time of the alleged violation, including the time zone.

EarthLink may take any one or more of the following actions in response to complaints or violations of these Terms of Use:

  • Issue warnings: written or verbal,
  • Suspend or terminate the Member's account, or
  • Bring legal action to enjoin violations and/or to collect damages, if any, caused by violations

9. Revisions to theSE Terms of Use
EarthLink may revise, amend, or modify these Terms of Use from time to time. Notice of any revision, amendment, or modification will be posted on this Web Site. By continuing to use this Web Site after EarthLink posts revisions to these Terms of Use, you accept and agree to these Terms of Use as modified.

10. Jurisdiction
These Terms of Use are governed by Georgia law without regard to conflict of law provisions. Any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, will be settled by arbitration, and administered by the American Arbitration Association under its Commercial Arbitration Rules. Any such arbitration will be governed by Georgia law and will be held in Atlanta, Georgia. The arbitrator will be an expert in the field of Internet services. The arbitrator's award will be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. There will be no class action arbitration pursuant to these Terms of Use.

11. Miscellaneous
You may not assign your rights or delegate any of your duties under these Terms of Use without the prior written consent of EarthLink, and any attempted assignment or delegation without such consent will be void. If one or more provisions of these Terms of Use will be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired thereby. EarthLink will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of EarthLink as reflected in the original provision. Nothing in these Terms of Use or in the understanding of the parties construes upon the parties the status of agency, partnership, or other form of joint enterprise between the parties. EarthLink may subcontract any work, obligations or other performance required of EarthLink under these Terms of Use without your consent. EarthLink will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a government in its sovereign capacity, acts of war, terrorism, acts of a public enemy, fires, earthquakes, acts of God, labor disputes, strikes, work slow-downs or other labor-related activity.

Version 09-01-09



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