WebTV Terms of Service
Estimated Version Release Date 2/26/99 Legal Version of 4/21/99 1. General 1.1 The Terms of Service. WebTV Networks, Inc. ("WNI") hosts the Microsoft® WebTV Network™ which enables owners of WebTV-based Internet units (the "Internet units") to access the Internet. WebTV Network service is provided by WNI to the owners of such Internet units for their personal, residential and non-commercial use on a subscription basis and is subject to certain terms and conditions established by WNI as described herein, which collectively are called the Terms of Service (the "Terms"). NOTE: The use of the "webtv" logotype or the WebTV™ logo on such Internet units means that you may access the WebTV Network service through such products. 1.2 Acceptance of Terms. By registering for the WebTV Network service, you acknowledge that you have read and agree to comply with all the terms and conditions on your use of the WebTV Network service as outlined within the Terms of Service, which Terms are posted by WNI on the WebTV Network service Terms of Service page and which are subject to change by WNI at any time (as provided in Section 1.4 below) and you expressly consent to the service being operated by WNI as outlined within the Terms and the WNI Privacy Policy. 1.3 Changes to the Service. The WebTV Network service, like the Internet itself, is in a process of near constant change. To keep up with the steady stream of new Web sites, new formats and new technologies being introduced on the Internet, the WebTV Network service will be updated by WNI from time to time. Most updates to the service will be provided at no additional cost to your regular subscription fees. In addition, some special features of the service, enhanced capabilities or premium services may only be made available with payment of additional fees, at your election. You acknowledge that WNI shall have the right to and may change the WebTV Network service at any time. 1.4 Changes to Terms. From time to time, WNI may make changes to these Terms. Such changes to the Terms will become effective upon WNI posting the new version (with new version number) of the Terms on the WebTV "Terms of Service" page (which can be found by choosing "Settings" on the WebTV Home page). You are responsible for regularly reviewing these Terms and, if any changes made either to the WebTV Network service or to the Terms are unacceptable to you, your sole remedy shall be to terminate your WebTV Network service subscription in accordance with the procedures described below in section 6, "Termination of Service." 1.5 Acknowledgment of Nature of Internet Content. The WebTV Network service is designed to provide you with access to the Internet. The Internet is a vast, global network of computers on which text, images, audio, software and other materials ("Materials") can be posted and accessed by a variety of means. The most common method used for posting information is through a Web site. People create individual Web sites, each with its own unique Web address (URL), to organize and make accessible for public viewing any Materials of their own choice. Other means for posting Material include bulletin boards and Usenet news groups that generally have information from a variety of sources. Anyone posting Materials on a Web site for public viewing can change or modify such Materials as often as they wish. This means that the nature, character, quality and accuracy of the Materials posted on Web sites varies as broadly as does human nature and that each Web site, itself, can vary from one day to the next. You acknowledge you understand Web sites may be accessed through the WebTV Network service may contain Materials that some people may find offensive, which may be inaccurate or which are unsuitable for minors. You acknowledge and agree that WNI is not responsible for and does not in any manner control or condone any Materials contained within any Web sites other than its own. 1.6 Acknowledgment of Lack of Security on Internet. Most information that can be sent or received through the Internet (e.g., e-mail or chat messages and information requested by various Web sites) is sent over public networks and may be subject to interception or eavesdropping by unauthorized parties. For this reason, WNI utilizes the highest level of encryption for the transmission of credit card information and other registration data from the Primary User to WNI. You acknowledge and agree that WNI is not responsible for the security of information that you send or receive through the Internet, and you agree to hold WNI harmless from any results of any such information being intercepted, copied or used by another party. 1.7 Acceptance of the WNI Privacy Policy. WNI strives to attain the highest standards of confidentiality and privacy for all subscriber information that passes through the WebTV Network service. A complete statement of the WNI policies regarding the collection of subscriber data and the protection and use of personally identifiable information is available in the WebTV Network service Privacy Policy, which is available on the WNI corporate Web site at: http://www.webtv.net/tv/privacy.html (or, if you have not yet registered, in a copy posted following these Terms). You acknowledge that you have read and accept the WNI Privacy Policy. 2. Use of the WebTV Network Service 2.1 Subscription Account. The first person using the Internet unit to connect to the WebTV Network service will automatically be registered as the "Primary User" of the WebTV subscription account upon his or her acceptance of these Terms and will be responsible for all usage of the account. The Primary User must be an adult and must provide his or her full name and address for the Primary User account. This person further agrees to pay the monthly subscription fee and be responsible for all usage of the WebTV Network service through his or her subscription account, including that of any additional users ("Secondary Users") that are permitted to use that Internet unit. 2.2 The Primary User is an Adult. Only an adult may register as a Primary User of the WebTV Network service . If you are registering as the Primary User, you represent to WNI that you are 18 years old or older (or the age of majority in your province or territory of residence, if you are in Canada), that you have thoroughly read through and agree to these Terms, and that you will be responsible to WNI for all usage on this account and ensure full compliance with these Terms by any other users. As the Primary User, you agree to provide accurate and complete registration information for yourself and you acknowledge that the e-mail name that you select as Primary User will have your real name associated with it in all correspondence from that account (as in "your-email-name@webtv.net (Your Real Name)"). You further agree that, should any information that you enter be found to be incorrect or incomplete, WNI would have the right to terminate your subscription immediately and take any such other action as may be appropriate under the circumstances, including reporting the use of any fraudulent payment information to law enforcement. 2.3 Secondary Users. A Primary User may add as many as five Secondary Users to his or her subscription account at no additional cost. The Primary User may designate a separate e-mail address for each Secondary User. Such additional e-mail names may be changed (if necessary) but cycling through (adding and removing) e-mail names is prohibited. No subscription account may use more than a total of ten e-mail names during the term of its subscription and fees may be charged to the Primary User Account that abuses this privilege. As the Primary User, you agree to be responsible for the registration of any Secondary User and you agree to have each Secondary User read through the Terms of Service Agreement. You agree to be responsible for the proper usage of the WebTV Network service and compliance with the Terms by all Secondary Users. Any fees that may be generated by a Secondary User in his or her use of the WebTV Network service are the obligation of the Primary User and therefore may be billed to your Primary User Account. 2.4 Protection of Users. A Primary User or a Secondary User that enables password protection is considered a protected user. When the Primary User is the only user of an account, no password protection is required (although it is highly recommended in case the unit is stolen). When there is more than one user, and especially where there is a minor who may become a Secondary User, password protection is required for the Primary User and is recommended for each Secondary User as well. Password protection protects against having minor Secondary Users switch restrictions that have been selected for them by the Primary User. It further protects the Primary User account from any unauthorized access or potentially harmful use (including unauthorized purchases or sending of e-mail identified as coming from your account). For more information on passwords, choose "Help" and then "Instructions" from the WebTV Home Page. 2.5 Use of Passwords. A "Secure Password" is at least 6 characters long and consists of both letters and numbers or other characters in a pattern that will not be found in any dictionary nor will be known by other persons. Please select your password carefully and change it frequently. Do not disclose your password to any other person. In the event your password becomes known to any other person, you agree to immediately change your password. By not registering a Secure Password or by allowing your password to be known to another person, you agree that this negates the protected status of your account such that any use of the Account is authorized use for which you are solely responsible despite any claim by you to the contrary. 2.6 Usage by Minors. If a minor is registered to be a Secondary User, then the Primary User must be either the parent or legal guardian of such minor Secondary User and, by registering such minor, the Primary User consents to such minor's use of the WebTV Network service and the Internet, including but not limited to the use of the WebTV Network service by such minor to furnish WNI or third parties with information regarding such minor and receive information back. If a minor is registered to be a Secondary User, it is the Primary User's responsibility to determine what level of access should be allowed the minor to the Materials on the Internet. In addition, you may further protect a Secondary User account from having access to e-mail, which will restrict the ability of such User to receive any e-mail, including friendly e-mail or e-mail that may contain adult Material. WNI provides these access restrictions to the Primary User as a safeguarding convenience only and is not responsible for what Materials are presented or not presented to any user under any of the levels of access. The Primary Users remains solely responsible for any access by any individual through his or her subscription account. The WebTV Network service provides different levels of access for Secondary Users who are minors. For more information on setting levels of access for minors, choose "Help" and then "Instructions" from the WebTV Home Page. 2.7 Setting Protection Levels. You agree, as the Primary User, to set the appropriate access level and/or restrictions for each minor Secondary User you allow to register. In addition, you agree to establish password protection on the Primary User account to prevent the minor from altering the selected restrictions without your consent. Even though the WebTV Network service provides means by which to help you safeguard access to adult Materials by minors, you acknowledge that Web site screening is an imperfect process and it may be possible for minors to access inappropriate Materials through use of the WebTV Network service, despite use of the screening technology. If you desire to ensure that a minor does not access inappropriate Materials, you agree to physically secure the Internet unit from the minor's reach and you agree not to allow such minor to register as a Secondary User or to otherwise use or have access to the WebTV Network service without your direct supervision. The Primary User acknowledges that he or she understands that Materials on the Internet or communication from unauthorized persons through e-mail or chat groups could be potentially HARMFUL to a minor and the Primary User assumes full responsibility for the use of the WebTV Network service by any minor. 3. Usage of Materials, Information and Equipment 3.1 Public Domain and Copyrighted Materials. Certain Materials available on the Internet are considered to be in the public domain and may be accessed, viewed, redistributed and downloaded by individuals generally. WNI bears no responsibility for, and you agree to assume all risks regarding, the determination of whether any given Materials are in the public domain and the appropriate use thereof. Other Materials available on the Internet are protected by copyright. You agree not to allow any user to alter, falsify, misrepresent, reproduce, distribute or otherwise utilize copyrighted Materials without the proper permission of the copyright owner. You acknowledge that all television broadcasts, cable or satellite transmissions and all commercial videotape presentations are copyrighted Materials that may not be used without formal authorization from the copyright holder. You agree that, with respect to your use of copyrighted Materials accessed through the WebTV Network service, you shall hold WNI harmless for any improper usage by the Primary User or Secondary Users. You further agree and acknowledge that WNI, its partners and its suppliers retain title to and ownership of all the embedded software and hardware intellectual property that comprise the WebTV Network service system. 3.2 Usage of Network Services. The WebTV Network service and its services are for the sole usage of individuals who are registered Primary Users and their authorized Secondary Users within a residential setting and are not intended for use for any commercial or business purpose. In addition, the right to use the account is subject to the limits defined by these Terms, as established by WNI and as modified from time to time. Further, usage of the WebTV Network service may be subject to changes in the nature or constraints of the Internet or World Wide Web and of the capabilities and limitations of various contracted service providers. Although WNI seeks to provide continuous and uninterrupted service, WNI does not warrant that the WebTV Network service will be accessible at all times, free from design bugs or that any session will be uninterrupted. WNI may, in its sole discretion and without prior notice (i) restrict or limit access to the WebTV Network service; (ii) terminate a user account or user sessions at any time; or (iii) discontinue or modify any or all aspects of the WebTV Network service or its services. You agree not to use the WebTV Network service for any commercial or business purpose and to indemnify and hold WNI harmless from any claims of damages relating to any commercial usage, service interruptions or termination of service, whether intentional or due to technical problems, or any enforcement or non-enforcement by WNI of these Terms. 3.3 Provision and Usage of Equipment. The WebTV Network service may only be used in connection with an authorized Internet unit. Only products labeled with a "webtv" logotype or "WebTV®" logo may be used to access the WebTV Network service. As Primary User, you agree that in the event of any malfunction by the Internet unit, you will return it to its manufacturer for authorized servicing. You further agree that neither you nor any Secondary User shall tamper with or permit any tampering or adjustment of any Internet unit. Any attempt to disassemble, decompile, create derivative works of, reverse engineer, modify, further sublicense, distribute or use for other purposes either the hardware or software of this system is strictly prohibited and may result in a termination of the WebTV Network service and the pursuit of other legal remedies by WNI, its providers or partners. 3.4 Switching to Other Internet Service Providers. The WebTV Network service automatically connects you to the Internet using WNI's network of Internet Service Providers (ISPs) to provide a high-performance, fully integrated, intelligent network service. Typically, you can connect to WNI's network via a local call. In a few areas, however, there is no local access and you may need to connect to WNI's network via a long-distance call for which additional phone toll charges will be added to your phone bill by your phone company. As you automatically connect, the WebTV Network service screen displays the phone number and area code your Internet unit is dialing, indicating whether you are making a local or long distance call. (You may also check if you have local access by calling WebTV Customer Care at: 1 (800) GO-WEBTV (or 1-800-469-3288.) If you do not have local phone access, or if you prefer for other reasons, you may switch to the ISP of your choice. Using WNI's "OpenISP" program after registration, you can obtain Internet access through an independent ISP in your local calling area. Then you will pay that ISP directly for your own costs of Internet service. When you elect to switch to your own ISP, you will receive a price reduction on your WebTV Network service monthly subscription fee. 3.5 E-mail Messages. All registered Users may save e-mail messages in their own accounts up to time and space limits determined by WNI. Users are required to delete old messages from the system to make room in their mailboxes for more messages. From time to time, WNI may need to make room for new messages and may delete old messages from a User's mailbox that are older than a certain date or that exceed certain limits of storage. WNI reserves the right to read, delete or to disclose to third parties the contents of e-mail which is lost, misdirected or of an illegal nature. Most e-mail sent or received through the Internet is transmitted without encryption through public networks and may be subject to interception, loss or eavesdropping by unauthorized parties. We recommend you do not send or request confidential information through e-mail. You agree to hold WNI harmless from the result of any e-mail message being intercepted, lost or copied by an unauthorized party or for the receipt of any e-mail message that contains harmful, erroneous or offensive content, whether or not intended for or addressed to the recipient. 3.6 Usage of Subscriber Information. The WebTV Network service maintains records of certain user information pertaining to subscriptions and billing, user-selected options and preferences, stored e-mail, and service usage. WNI reserves the right to and may forward information or offers to you relating to its own or third parties' products or services as it deems appropriate and may, from time to time, share certain information with third parties at WNI's sole discretion. In addition, WNI may elect to or be obligated to provide certain information to authorities, based upon existing law or regulation, court action, law enforcement request or evidence of wrongdoing, imminent harm or injury or other reasons warranting action by WNI. A complete statement of WNI's policies relating to its use and protection of user-related information can be found in a document called "The WebTV Network service Privacy Policy" located on the WNI corporate Web site at http://www.webtv.net/tv/privacy.html. (If you have not yet registered, you can view a copy of the Privacy Policy at the end of these Terms.) You acknowledge that you will read and be familiar with these privacy policies and agree to hold WNI harmless from the results of any use of information by WNI, its agents or partners. 4. Standards of Behavior 4.1 Network Conduct and Proper Language. Conduct on the WebTV Network service and throughout the Internet should conform to public standards of decency and decorum, right of quiet enjoyment and current "netiquette" standards. You agree to conform to such standards and to insure that all Secondary Users similarly refrain from engaging in any disallowed behavior, inappropriate or unauthorized uses or from using the WebTV Network service in any manner that does or would have the tendency to disrupt the normal use of the WebTV Network service or the Internet by other users. Both the WebTV Network service and the Internet in general contain areas such as forums, bulletin boards, chat rooms, news groups or other message and communication facilities (collectively, "Forums") that put people in touch with each other, generally for a specific purpose. Access to such Forums and the ability to "Chat" have been provided by WNI as a privilege. If you participate in any such Forum, you agree to review and abide by the rules of that specific Forum and to only send messages and material in a manner and form that are proper, which are related to the purpose of that particular Forum, and which do not disrupt the group or, in any other way, violate these Terms. You acknowledge that all such Forums are public, so that any communication that you transmit is not a private communication and that such Forums may not be monitored, screened or approved by WNI. Further, in the event that your usage of any Forum results in complaints to WNI regarding your behavior, your privilege to use Chat may be suspended or denied by WNI, at its sole discretion, for any period of time, with or without prior warning or notice. 4.2 Disallowed Behavior. No user may disrupt, harass, abuse, stalk, defame, embarrass, threaten, impersonate, cause discomfort to or become offensive to or otherwise violate the legal rights (including rights of privacy and publicity) of any person or Forum using the WebTV Network service or the Internet. Vulgarity, profanity or adult material within e-mail or greeting cards to other people (who are not personally known to you or who do not specifically consent to such messages), chat groups, Forums or within user e-mail names is not permitted. Users shall not publish, post, sell, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information. There shall be no advertising to, solicitation of, stalking or spamming of other users. WNI reserves the right to prohibit the use of any user e-mail name and/or to make changes to any user e-mail name as WNI, in its sole discretion, requires. 4.3 Inappropriate or Unauthorized Usage. You agree not to use the WebTV Network service for any commercial or business purpose or in any manner that does or would have a tendency to injure or harm any individual or which disrupts the normal use of the WebTV Network service or the Internet by other users. In the event WNI determines that you have engaged in any inappropriate or unauthorized usage, you may receive an e-mail warning or have your account temporarily suspended or, at WNI's sole discretion, terminated. Be advised that certain unauthorized usage or transmissions of e-mail or chat which contain commercial solicitations (spam), admissions of illegal behavior, pornography or other illicit information may subject you to the assessment of additional fees, fines or charges, the suspension or termination of your account and/or civil or criminal liability. Without limit to the foregoing, no user may and you agree not to use the WebTV Network service or its services (i) for any commercial or business purpose; (ii) to make unauthorized attempts to access, use, change, disrupt, shut off or clog the systems, networks or accounts of others; (iii) to send unsolicited messages, chain letters, surveys, advertising, promotional materials or commercial solicitations to third parties (spamming) or to send e-mail for any purpose other than personal communication; (iv) to provide a minor access to inappropriate Materials without the consent of the minor's parent or guardian or to attempt to engage any minor in any context not specifically approved by the minor's parent or guardian; (v) to collect together a listing or directory of WebTV subscribers or, if any directory of WebTV subscribers is made available, to use, copy or provide to any person or entity (whether or not for a fee) such listing or directory or any portion thereof other than for personal, non-commercial purposes; (vi) to falsely purport to be a WNI employee or agent or to falsely assume the identity of any other individual or entity; or (vii) to act or fail to act, in your use of the WebTV Network service, in a manner that is contrary to applicable law or regulation. 5. Fees and Payments 5.1 Subscription Fees. The basic WebTV Network service subscription fees vary depending upon your type of service and your type of Internet unit. The subscription fees are payable in advance each month and cover the basic service provided by WNI for access to the WebTV Network service. The Primary User agrees to pay the subscription fee when the Primary User Account is activated and until the Primary User Account is properly terminated (as described in Section 6, "Termination of Service"). The monthly subscription fee is subject to change upon 30 days' notice. For more information on pricing, choose "Help" and then "Instructions" from the WebTV Home Page. 5.2 Cost of Switching to Your Own ISP. The WebTV Network service automatically connects you to the Internet using WNI's network of Internet Service Providers (ISPs) unless you have switched to the ISP of your choice using WNI's OpenISP program. If you use your own ISP, you will pay that ISP directly for your costs of Internet access and reduce the amount you are billed by WNI. You may switch from OpenISP to WNI's network of ISPs or vice-versa at any time. You will be billed for the type of service (i.e., OpenISP or WNI's network of ISPs) in effect at the time the monthly billing cycle is run by WNI. No refunds or credits will be provided for switching to your own ISP or for switching to the WNI network of ISPs. After you make the switch to OpenISP, you are responsible for all of your actual Internet service and connection costs as billed by your ISP and phone company, so check what rates and usage levels apply directly with your ISP vendor. 5.3 WebTV Network Service Special Promotions. From time to time, WNI is able to offer discounted promotional rates on its service for a limited time, usually in conjunction with special partners. These promotions may be made available through offers made using the WebTV Network service to existing subscribers, directly to new users during registration and occasionally through the use of promotions to the general public. When you accept a promotional fee, you are additionally bound by the specific terms of that promotion, as well as to these Terms, and that special discounted fee will continue only so long as the promotion is in effect. 5.4 Automatic Credit or Debit Card Payment. The WebTV Network service provides for the automatic and secure payment of the monthly basic subscription fee by credit card or debit card. WNI initiates processing the subscription fees each month on the same day as the original registration at the then current monthly subscription fee for the WebTV Network service. Upon entry of card information during the WebTV Network service registration process, the Primary User warrants that he or she is the legitimate, named owner of such card and that the card is valid and in good credit standing with the issuer. The Primary User authorizes and agrees that WNI shall confirm card authenticity and automatically process and have deducted the monthly subscription fee from this same card, without sending invoices to the Primary User, until the subscription account is terminated. These automatic transactions are carried out securely by WNI using a private telecommunications network and will show up on the monthly credit card statement as a WebTV Network service subscription charge. 5.5 Payment by Check. Although payments by check are no longer permitted for new registration, US resident Primary Users who previously paid by check may continue to do so by paying in advance for six (6) months of WebTV Network service. As stated in Section 5.1, WNI reserves the right to increase the monthly WebTV Network service fees for all subscribers including Primary Users paying by check upon thirty days notice. In the event that monthly WebTV Network service fees are increased after the Primary User has prepaid six (6) months of WebTV Network service, the Primary User must pay for the increased monthly WebTV Network service fee. WNI will credit any unused prepaid WebTV Network service fees towards the increased monthly WebTV Network service fee and invoice the Primary User for any amounts due to WNI. WNI also offers users a system of automatic checking account withdrawals called Automatic Check Handling ("ACH"). This method eliminates the need to send your checks for six months of pre-paid service directly to WNI. Note: Due to the costs of handling check payments, additional check processing fees of $20 may be charged for returned checks or insufficient funds, returned invoices (due to inaccurate address information), insufficient payments requiring re-invoicing and any future late payments made on invoices sent out thereafter. (To avoid subsequent check processing fees, the Primary User may elect to change the method of payment so as to make future subscription payments by credit or debit card.) 5.6 Other Phone Charges. All users are responsible for all their own telephone charges incurred when the Internet unit automatically calls out to connect itself to a WNI Internet Point-of-Presence (POP). Although the WebTV Network service can, in most instances, connect your access unit to the Internet via a local call to the closest WNI POP, in some areas the closest POP is a long-distance call. (Also, if you have moved the location of your unit or if you are registering a unit that was previously connected elsewhere, you may need to confirm that the unit is at a new phone number to make sure that you dial a local number.) The Internet unit will indicate and you can see if it is dialing locally or long distance during its connection to the WebTV Network service. (If it appears that you need to make a long distance call to connect to a WebTV Network service POP, you may be able to save money using WNI's OpenISP program, which enables your WebTV Product to connect you to the Internet using a local ISP POP of your own selection.) You agree that it is your responsibility to determine whether or not to continue with or terminate any connection that appears to be a long-distance call, for which you may need to pay extra and that WNI shall have no responsibility or liability for any telephone charges, including but not limited to local and/or long distance charges, per minute surcharges or equipment or line costs incurred by any users. If you move or power off your unit, you are responsible for any additional charges that you incur from moving your unit. All questions or disputes between a user and his/her phone company are agreed to be solely between those two parties. 5.7 Lack of Payment. The Primary User agrees to provide prompt payment in full of the WebTV Network service subscription fees. No Primary User may, and you agree not to, register for WebTV Network service using inaccurate billing information or any expired, false or unauthorized credit card. Users are responsible for the security of their own credit cards and should notify WNI Customer Care promptly if there is a change in the card's expiration date, in billing information or validity. In the event that payment for the WebTV Network service is not provided on a timely basis, the Primary User agrees and acknowledges that WNI shall have the right to re-bill for any unpaid fees in later months, or to terminate, suspend or restrict access to the service. WNI reserves the right to pursue all legal remedies available to secure payment of any delinquent accounts. In the event that the Primary User decides to reactivate the WebTV Network service after a voluntary suspension of service or termination, the Primary User agrees to provide settlement of any outstanding balances on the account and pay a reactivation fee of $20.00 (CAD $30.00) for the set up of a new registration. WNI shall have the right to require a full re-registration and to require submission of additional information as WNI may request to verify user and credit information. You acknowledge that WNI does not reserve any user e-mail name or retain e-mail messages or other settings for any account that has been terminated. 5.8 Refunds. During the first month of service, if a Primary User terminates his subscription, the full month fee shall be refunded by WNI. Thereafter, WebTV Network service fees are not refundable for any reason, including any month in which the account is canceled or terminated; except that fees for wholly unused months of service paid by check payers in advance pursuant to Section 5.5 shall be refunded. 5.9 Fees and Fines. Table 1 is a summary of other fees and charges that may be charged by WNI to the Primary User account for the reasons described below. Except for any sales taxes which may be assessed by governmental authorities and passed on by WNI to the subscriber, the following fees may be changed by WNI with 30 days' notice. Table 1 Summary of Current Fees and Charges What Reason Amount US Fees* Returned invoice (for incorrect address) or bounced check $20.00 Insufficient funds for checking or credit card payments $20.00 More than 10 e-mail names $5.00 per name Requests for administrative help $25.00 per hour Re-activation (except for abuse) $20.00 US TaxesNetwork services are or may be taxed in certain states Varies by state Canadian Fees*Insufficient funds for credit card payments CAD $30.00 More than 10 e-mail names CAD $10.00 Requests for administrative help CAD $40.00/hr Canadian Taxes Taxes will be actual assessed amounts. Varies by province *These amounts may be charged against the Primary User account or waived by WNI at WNI's sole discretion. NOTE: Be advised, as a result of recently enacted as well as pending federal and state legislation and/or industry standards, any person found liable for prohibited behavior, such as those listed in Table 2, may be liable for civil and criminal penalties. WNI will cooperate with law enforcement agencies in the effort to prosecute individuals suspected of engaging in any prohibited activity. Table 2 Sample of Internet Related Fines* What Prohibited Behavior Amount Fines Fraudulent credit card or other fraudulent non-payment $500 Forging of e-mail address and/or header information or false and misleading "Subject" titles $500 Sending spam e-mail to Individuals $500 or actual damages Sending spam e-mail using third-party service providers $1000 or actual damages *The following have proposed, pending and/or enacted laws against Internet abuse: the states of Arizona, California, Colorado, Connecticut, Illinois, Kentucky, Maryland, Massachusetts, Michigan, Nevada, New Hampshire, New Jersey, New York, Rhode Island, Virginia, Washington, Wisconsin; and the US Congress. This Table is not meant to be comprehensive but rather to illustrate examples of possible U.S. fines. Similar fines may also be imposed upon Canadian users. 6. Termination Of Service 6.1 Termination by the Primary User. The Primary User may terminate the Primary User Account (thereby canceling all related Secondary User Accounts) at any time, without cause, but ONLY upon telephone notification to WNI's Customer Care department at 1 (800) GO-WEBTV (1-800-469-3288). Until such notification is received, the Primary User remains the registered user responsible for all charges incurred. WARNING: Do NOT return or transfer any registered Internet unit without first calling WNI Customer Care to unregister your personal account information. Cancellation notices received prior to 2:00 pm PST shall be effective the next day and notices received after 2:00 pm PST shall be effective on the second following day. Upon termination, the Primary and Secondary User WebTV Network service registration information will be eliminated from the access product. 6.2 Termination by WNI. WNI may terminate the Primary User Account (and thereby terminate all related Secondary User Accounts) at any time at WNI's sole discretion with or without prior notice or warnings. Upon such termination the Primary User will be notified by Postal Service mail at the address specified during the WebTV Network service registration process. Such cancellations are only likely in the event of misuse of any part of the Internet unit or the WebTV Network service, delinquency in the payment of the Primary User Account, misconduct on the WebTV Network service or for disruption or termination of Internet service in your area, although all cancellations shall be entirely at WNI's discretion. 6.3 Complaints About WebTV Users. All complaints regarding any WebTV User should be e-mailed directly to abuse@webtv.net along with a copy of any e-mail, posting or other proof of the matter being complained about. An automatic response will be returned to acknowledge WNI's receipt of the complaint but no further information about the matter will be forwarded. If, after a review of such complaint, a violation of the Terms is found by WNI, a warning e-mail will be sent by "abuse@webtv.net" to the offending party to alert them that a possible Terms of Service violation occurred. If the problem continues after the date that the first warning was sent generating more complaints, a second warning message will be sent out indicating that any further violation of the Terms will result in that User Account being suspended. Additional violations conducted after the date of the second warning notice and forwarded to WNI, will result in the suspension or termination of that User's account. (This "Three Strikes, You're Out" approach will only be taken with first time offenders. Others will receive one or no warnings prior to termination, after which a notice of cancellation will be sent by Certified Mail.) Nothing in this paragraph limits WNI's right to terminate or take any other action against any account (including taking no action) without notice at anytime. 6.4 User Information Not Retained. Upon the termination of any Primary User Account in good standing, all Primary and Secondary User WebTV Network service registration information will be eliminated from the Internet unit and the product may be transferred to another user for re-registration. If termination occurs as a result of non-payment on the account, the amounts owed will need to be paid prior to any re-registration of the product. Upon any final termination of a subscription account, user information including stored e-mail, Favorites, address book information and other stored user preferences are eliminated. Anyone who wishes to retain such information, must make their own copies of such information prior to the termination of the account. In the event any user establishes a later account with WNI after the termination of an earlier account, the earlier account information will not be transferable. NOTE: In the event the Primary User account was terminated for abuse, the Internet unit will be designated as "suspended" and will not be cleared for re-registration with the WebTV Network service for a period of one year. 7. Disclaimer and Indemnity 7.1 Disclaimer. You agree that use of the WebTV Network service, its services, content and any Materials obtained through use of the WebTV Network service to access the Internet and World Wide Web is at your sole risk. Neither WNI nor its information providers, licensors, employees, partners or agents warrant that the WebTV Network service will be uninterrupted or error free nor do they make any warranty as to the quality, accuracy or completeness of any Materials available through use of the WebTV Network service or its services, including but not limited to stock quotes, local information or other listings. Advice received via the WebTV Network service should not be relied upon for important personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. 7.2 No Warranties. The WebTV Network service and its services are made available on an "as is" basis without warranties of any kind, express or implied, and WNI expressly disclaims all warranties of merchantability, fitness for a particular purpose and non-infringement in connection with the WebTV Network service and its services. Neither WNI, its officers, directors, parent corporation, employees, partners or anyone else involved in creating, producing, promoting or delivering the WebTV Network service shall be liable for any indirect, incidental, special or consequential damages, however caused and on any theory of liability, arising out of or in any way connected with the use of, or inability to use, the WebTV Network service, whether based on contract, tort, strict liability or otherwise, even if WNI and/or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. 7.3 Indemnity. You agree to indemnify and hold WNI harmless from and against any and all costs incurred by WNI, including but not limited to collection of attorney's fees, as a result of any claims arising from your breach of these Terms or otherwise as a result of your usage of the WebTV Network service. 7.4 Liability Limitation. WNI's liability to you for breach of these Terms is limited to the amount actually paid by you for access to and use of the WebTV Network service. You hereby release WNI from any and all obligations, liability and claims in excess of this limitation. 8. Other Provisions 8.1 Export Control. An Internet unit may not be exported outside of the United States without the appropriate United States and/or foreign government licenses. Internet units utilize sophisticated encryption technology which is currently not permitted to be exported outside the U.S. without special licenses. Internet units shipped to Canada by their manufacturers are under special export licenses provided exclusively to those manufacturers that have obtained such licenses from the U.S. and Canadian governments. Product may not be transferred across the U.S. border into any other territory without first obtaining such export license and WNI may deny the WebTV Network service to any product utilized contrary to these regulations. 8.2 Interpretation of Terms. In the event that any term herein is held invalid by a court with jurisdiction over the parties, such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable U.S. law and the remainder of the terms shall remain in full force and effect. This Terms of Service agreement shall be interpreted in all respects in accordance with the laws of the State of California, without reference to conflict of laws principles. You hereby consent to exclusive jurisdiction and venue of courts in Santa Clara County, California in all disputes arising out of or relating to the use of the WebTV Network service. 8.3 Enforcement. Any failure by WNI to enforce strict performance of the Terms or to exercise its rights under the Terms, shall not be construed as a waiver or relinquishment of WNI's right to assert conformance with these same provisions in other instances nor as a basis for liability to any subscriber or non-subscriber. 8.4 Entire Agreement. These Terms, as presented upon the Terms of Service screen of the WebTV Network service and as updated from time to time, constitute the entire agreement between you and WNI with respect to the WebTV Network service. Any more recent version of the Terms, once posted on the service and effective pursuant to Section 1.4, supersede all prior versions and summaries, whether electronic, oral or written and you agree and acknowledge that it is your responsibility to periodically review these Terms, so as to become familiar with terms and conditions that may have been changed from prior versions that had been posted. Any conflict between these Terms and any translations thereof provided by WNI or its partners or providers in other languages, either orally or in printed form, shall be resolved in favor of this English language version. A printed copy of these Terms and any notice given by WNI in electronic form shall be admissible in judicial or administration proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 8.5 Canadian Users. Quebec residents, by clicking the "Agree" button below, specifically acknowledge that they have read, understood and accept the sections of this agreement relating to the limitations of liability wherein WNI liability is limited to amounts actually paid the subscriber. It is the express wish of the parties that this agreement and all related documents have been drawn up in English, however, a translation into French has been provided for the convenience of Canadian users. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais; cependant, une traduction française est fournie pour le bénéfice des utilisateurs canadiens. END of TERMS