AIM Terms of Service
Thank you for your interest in AOL® Instant Messenger™ ("AIM"). If you have registered with the AOL Network, please review the AOL Network's Registered User Terms of Service, which govern your registration and use of AIM and other services on the AOL Network. If you have not registered with the AOL Network, the following terms and conditions govern your registration and use of AIM.
You Must Agree to these Terms of Service to Use AIM Products
By using or registering for an AIM Product (defined below), you agree to these terms and conditions ("Terms of Service") and the AIM Privacy Policy. You agree to accept notices electronically. Each time you use an AIM Product, you reaffirm your acceptance of the then-current Terms of Service. If you do not wish to be bound by these Terms of Service, you may discontinue using the AIM Products. You cannot use or sign up for AIM Products until you have accepted these Terms of Service. If you were an existing AIM user who registered with the Netscape Network, these Terms of Service supersede the Netscape Network's terms regarding your ongoing use of AIM. Additionally, if you are a user of Enterprise AIM products or co-branded AIM Products, additional terms and privacy conditions may apply to your use of AIM.AIM Products
For purposes of these Terms of Service, the term "AIM Products" shall mean AIM software (whether preinstalled, on a medium or offered by download), AIM services, AIM websites (including, without limitation, AIM.COM and AIMTODAY.COM) and all other software, features, tools, web sites and services provided by or through AIM from AOL Inc and its business divisions (e.g., Netscape) (collectively "AOL") and AOL's third-party vendors.Additional Terms and Conditions for other Services or Products
You agree and understand that certain AIM Products, features and other premium services offered by or through AIM (including services from AOL) may be subject to additional terms and conditions or registration requirements. You agree to abide by these additional terms and you further agree that a violation of those terms while you are accessing those products with your AIM Screen Name or through an AIM Product shall constitute a breach of these Terms of Service.Modifications to the Terms of Service
AOL may change the Terms of Service at any time and in its sole discretion. The modified Terms of Service will be effective immediately upon posting and you agree to the new posted Terms of Service by continuing your use of the AIM Products. AOL will provide at least 30-days' notice before any material changes take effect. If you do not agree with the modified Terms of Service, your only remedy is to discontinue using the AIM Products and cancel your registration.Requirements for Use or Registration of AIM Products
The AIM Products are intended for general audiences. You represent and warrant that you have adequate legal capacity to enter into binding agreements such as these Terms of Service. Some AIM Products may require the user to register and provide information to AOL, such as name, e-mail address, gender, date of birth, zip code (the "Registration Information"). If you register for any AIM Product, you agree to provide accurate and complete Registration Information and you agree to keep such information current.Inactive Status
Unless you are a subscriber to an AOL® fee-based subscription service (including, CompuServe®, AOL® or Netscape®), you must use your Screen Names on a regular basis (e.g., log into an AIM Product) to keep your Screen Names and registration active. AOL may cancel the registration and Screen Names and delete any e-mail or data any AIM Product of any registered user who does not have a current subscription or who AOL has determined in its sole discretion has not used such Screen Name for a period of ninety (90) days. If your Screen Name is canceled, you will need to re-register for an AIM Product and obtain a new Screen Name to gain access to registration-based features and tools. If the Screen Name that you previously used and which was canceled has not been taken by another registered user of AIM or any affiliated service including, without limitation, AOL, CompuServe or Netscape, you may re-register with your canceled Screen Name. You agree that AOL may deactivate any free e-mail accounts offered by AIM that you do not use or visit for a period of thirty (30) consecutive days. You agree that AIM has no responsibility or liability for the deletion or failure to store any e-mail messages on such deactivated e-mail accounts. If your e-mail account is deactivated, you will need to reactivate an e-mail box or sign up a new account.Registered User Information
The AIM Privacy Policy explains how AOL collects and uses information and the choices you have with that information. You consent to AOL using your registration information and other information collected by AOL under the terms of the AIM Privacy Policy.Your Responsibility
You are responsible for all activity made by you or anyone you allow to use your AIM account and Screen Name, including your family or friends. You agree to keep confidential the passwords associated with your account. You may not use AIM while driving, operating hazardous equipment, or engaging in other forms of hazardous activities. You agree to indemnify and hold harmless AOL for losses incurred by AOL or another party due to someone else using your account or password as a result of your failure to use reasonable care to keep your account information confidential or as a result of your failure to use reasonable care while using AIM Products.Communications
You are responsible for obtaining your own Internet access, such as maintaining all telephone, computer hardware and other equipment needed for access to and use of the AIM Products, and all charges related thereto. Any telephone or other communications charges incurred by you to access AIM are your responsibility. If you are accessing AIM through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location. Also, your carrier, such as a wireless carrier, may charge service fees for alerts, text messaging (including receiving/sending instant messages and e-mail), web browsing and other services that require the use of airtime and wireless data services. Check with your carrier to verify the fees that may apply to you.You May Use the AIM Products for Lawful Purposes Only
You may use AIM Products for lawful purposes only. You may not post on or transmit through community areas (e.g., message boards, chat, e-mail, calendars, instant messaging products) or other means any material that (1) violates or infringes in any way upon the rights of others, (2) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, (3) encourages conduct that would constitute a criminal offense, (4) gives rise to civil liability, (5) violates any policies posted in any community areas or (6) otherwise violates any law. You also may not undertake any conduct that, in AOL's judgment, restricts or inhibits any other user from using or enjoying the AIM Products, including without limitation the community areas.No Spam, Bulk Email or Bulk Instant Messages
You may not use AIM Products including communication tools such as e-mail, instant messaging and chat services to send unsolicited bulk communications, including through e-mail or instant messages. Similarly, you may not authorize others to use your account or sub-accounts to send unsolicited bulk communications, or cause unsolicited bulk communications to be sent by someone else. You may not harvest or collect information about AIM users from AIM Products, including Screen Names, and use that information for the purpose of sending unsolicited bulk communications. Any violation of these provisions may result in immediate termination of your account and further legal action. You agree that AOL may take any legal and technical remedies to prevent unsolicited bulk communications from entering, utilizing or remaining within AIM's networks.Content You May Use
AOL, its vendors and AIM users who lawfully post content such as information, software, games, communications, photos, video, graphics, music, sound and other materials ("Content") on AIM Products own the property rights to that Content. The Content is protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by AOL or its vendors. You agree that you will not take any action to interfere with AOL's or its vendors' ownership of or rights in the Content and you will not attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content.Content You Post to Public Areas
As explained in detail in the AIM Privacy Policy, AOL does not read your private online communications when you use any of the communication tools on AIM Products. If, however, you use these tools to post Content or other information to public areas on AIM Products (for example, in chat rooms or online message boards), other online users will have access to this information and Content.No Duty to Monitor
AOL is not required to pre-screen Content available on the AIM Products, including the content of any messaging that occurs on or through the AIM service, although AOL reserves the right to do so in its sole discretion. AOL is not liable for Content that is provided by others. AOL reserves the right to remove Content that, in its sole judgment, does not meet its standards or does not comply with these Terms of Service, but AOL is not responsible for any failure or delay in removing such material.Changes to the Service
AOL has the right at any time to change, modify, add to or discontinue or retire any aspect or feature of the AIM Products including, but not limited to, the software, community areas, Content, hours of availability, equipment needed for access or use, the maximum disk space that will be allotted on AOL servers on your behalf either cumulatively or for any particular service or the availability of AIM Products on any particular device or communications service. AOL has no obligation to provide you with notice of any such changes.AIM License to You
AOL and its vendors grant you a personal, non-exclusive, non-transferable limited license to install the software and services distributed by AOL (including all software and services provided by a third-party vendor for AOL) in object code form only on any computer or device from which you wish to access the AIM service and all other AIM Products ("Software") and to use the Software for the sole and exclusive purposes of connecting to and using the AIM Products in accordance with these Terms of Service. You may not sub-license, or charge others to use or access the Software without first obtaining written permission from AOL. AOL occasionally will provide automatic upgrades to improve your online experience, such as virus and spam screening technologies, although these upgrades may not be consistent across all platform and devices. You agree to accept and to take no action to interfere with such automatic upgrades, scanning, and related services.Restrictions on Access to or Use of AIM Products
You may access AIM Products only through the interfaces and protocols provided or authorized by AOL. You agree that you will not access AIM Products through unauthorized means, such as unlicensed software clients, and that you will only use AIM Products in conjunction with AOL authorized products and components.U.S. Government End Users
The Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Software with only those rights set forth herein.Export Control
You agree to comply with all export and import laws and restrictions and regulations of the United States or any foreign agency or authority, and not to export, re-export or import the Software or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals. For example, you may not export or re-export any commodities, software, or technical data received from AOL, or any direct product of such commodities, software or technical data, to any proscribed country, party, or entity listed in the applicable laws, regulations, and rules of the U.S. Government unless properly authorized. As applicable, each party shall obtain and bear all expenses and responsibility relating to any necessary licenses and/or exemptions with respect to its own export or re-export of the Software from the U.S.No Support by AOL
You understand that your use of the Software is at your own risk and that AOL provides no assistance other than the information posted on the AOL Web site located at http://help.aol.com/help/product/aim/. AOL is under no obligation to provide you with any error corrections, updates, upgrades, bug fixes and/or enhancements of the Software.Third-Party Services
Third parties may offer from time to time applications or services to access AIM services and AIM Products. Your use of such third-party applications will be at your own risk and subject to the terms and conditions of those third-parties. AOL does not represent and warrant that access and use of AIM Products through these third-party applications will be compatible, uninterrupted, error free, without defects or that you will be able to access the AIM Products at all times and locations of your choosing. You also agree that AOL is under no obligation to provide you with any error corrections, updates, upgrade, fixes and/or enhancements to make AIM Products accessible through these third-party applications.Copyright Infringement
If you believe that your work has been copied and is accessible on an AIM Product in a way that constitutes copyright infringement, please click here for instructions on how to contact AOL.No Endorsement
AIM Products may contain links to other web sites, resources and advertisers. AOL is not responsible for the availability of these external sites nor does it endorse, or is it responsible for, the aesthetics, appeal, suitability to taste or subjective quality of informational content, advertising, products or other materials made available on or through such external sites. Under no circumstances shall AOL or any of the affiliated providers be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with the use of or reliance on any content, goods or services available on such external sites. You should direct any concerns to such external sites' administrator or Webmaster.Disclaimer of Warranty; Limitation of Liability
Indemnification
You agree to defend, indemnify and hold harmless AOL, its vendors, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your use of the AIM Products. AOL reserves the right, at its own expense and in its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, and only in such event, shall you have no further obligation to provide indemnification for AOL in that matter.Termination
AOL has the right to terminate your Screen Name, your registration, the Software license or your access to AIM Products for any reason, including, without limitation, if it, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms of Service (either directly or through breach of any other terms and conditions or operating rules applicable to you). AOL may, but shall be under no obligation to, provide you a warning prior to termination of your use of the AIM Products.Trademarks
All trademarks appearing on the AIM Products are the property of their respective owners, including, without limitation, AOL Inc and Netscape Communications Corporation.Purchases and Premium Services
AIM may from time to time give you the opportunity to purchase or subscribe to products and premium services on AIM (collectively, "Premium Services"). You agree that your purchase or subscription of any Premium Service will be subject to additional terms and conditions that will supplement this agreement.Your Payment Responsibilities
You must select a payment method to pay for your fees for any Premium Service and for all purchases made from AIM Products. You must give AOL accurate billing and payment information and keep this information up-to-date through the "My Account" area on AIM Today. You agree to pay AOL for all charges incurred under your account, including all applicable taxes, fees and surcharges. You authorize AOL to charge your designated payment method for these charges. If AOL does not receive payment from your designated payment method, you agree to pay all amounts due upon demand by AOL or its operators.Subscription Plans
Fees charged for subscription plans are nonrefundable and due in advance unless provided otherwise in your subscription plan. Under most monthly plans, your payment method will be charged automatically every month until such time that you cancel your subscription or AOL otherwise terminates your subscription. Also, under most subscription plans, AOL will automatically renew your subscription and charge your payment method until such time that you cancel your subscription or AOL otherwise terminates your subscription.Electronic Delivery Policy
AOL, as an online business, transacts with its users electronically. WHEN YOU SIGN UP FOR ANY AIM PRODUCT, YOU CONSENT TO RECEIVE ELECTRONICALLY FROM AOL ANY PRIVACY OR OTHER NOTICES, AGREEMENTS, DISCLOSURES, REPORTS, DOCUMENTS, COMMUNICATIONS, OR OTHER RECORDS (COLLECTIVELY, "NOTICES"). You agree that AOL generally can send you electronic Notices in either or both of the following ways: (1) to the e-mail address that you provided to AOL during registration or (2) AOL may post Notices on a welcoming screen or top page of the relevant AIM Product. You agree that certain premium services may also have their own Notice procedures. You must check your designated e-mail address regularly for Notices. You must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), a Windows-based operating system with an Internet browser or a Macintosh-based operating system with an Internet browser and Internet e-mail software in order to access electronic communications. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of the Terms of Service by clicking on the "Terms of Service" link on the home page of AIM.com or AIMToday.com. The delivery of any Notice from AOL is effective when sent by AOL, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. Your only method of withdrawing consent to receive Notices electronically is to terminate any subscriptions, services or other products provided under these Terms of Service.Miscellaneous
A. The provisions of these Terms of Service addressing disclaimers of representations and warranties, limitation of liability, indemnity obligations, intellectual property, Premium Services and governing law shall survive the termination of these Terms of Service, your Premium Services and your registration with the AIM Products.Last updated April 3, 2006
