Terms of Service Install Yahoo! Online  

YAHOO! ONLINE

TERMS OF SERVICE

YAHOO! UK LIMITED ("YAHOO!")
12 Lancer Square, Kensington Church Street
London W8 4XA ("Yahoo! Address")

YOUR ATTENTION IS DRAWN SPECIFICALLY TO THE PROVISIONS OF SECTIONS 15, 16 AND 17 WHICH DEAL WITH THE LIMITATION OF YAHOO!'S LIABILITY UNDER THESE TERMS OF SERVICE.

Please read these Terms of Service carefully.

By using Yahoo! Online ("Service") you ("User") agree to each of the terms and conditions in this document which incorporates by reference all Operating Rules, Policies and Notices posted on the Service and all amendments to this document notified to User from time to time (referred to collectively as "Terms of Service").

1. GENERAL TERMS

  • (a) The Service provides access to the Internet via User's telephony service provider. The Service does not include any telephony services and all telephony services will be subject to User's contract with the relevant telephony service provider. User is responsible for paying any telephony fees associated with such service. If the User is not the customer responsible for the call charges, then it is the responsibility of the User to obtain permission from such customer before initiating access to the Service through the telephony service.
  • (b) User must provide all equipment necessary for User to connect to the Internet including a computer and modem.
  • (c) User understands and acknowledges that Yahoo! may use "cookies" and that User's telephony service provider shall place a call line identifier ("CLI") to User's telephone connection in order to deliver the Service and deliver a better, more personal service.
  • (d) Users are advised not to rely solely on the Service for sending critical or confidential information, and User shall not hold Yahoo! responsible in respect of loss or damage of the same.
  • (e) Please report any violations of these Terms of Service to abuse@yahoo.co.uk.
  • (f) To the extent of any inconsistency between these Terms of Service and any mandatory statutory rights of a consumer binding to User then the terms of the binding mandatory statutory right shall apply but only to the extent of such inconsistency.

2. ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS OF SERVICE

The Service is owned, controlled and operated by Yahoo! and provided to the User solely on these Terms of Service. The User may be provided with software which when installed configures the User's computer to access the Service ("Software"). The User is granted a non-exclusive, non-transferable licence to install the Software on a computer and use the Software solely for the purpose of accessing the Internet from a point within the United Kingdom. The User shall only be entitled to make one (1) copy of the Software for backup purposes only and shall not reverse engineer or decompile the Software save to the extent permitted under applicable law.

BY CLICKING ON THE DOWNLOAD BUTTON AND DOWNLOADING THE SOFTWARE AND EACH TIME USER ACCESSES THE SERVICE, USER AGREES TO BE BOUND BY THE TERMS OF SERVICE.

3. MODIFICATIONS TO TERMS OF SERVICE

Yahoo! may change the Terms of Service or the Software from time to time in its sole discretion. In the event of a material change to the Terms of Service and/or Software, User will be notified of any such changes by a start-up screen describing the changes. By clicking on the "I Accept" button that follows the posted changes, User accepts and agrees to be bound by the modifications to the Terms of Service and/or Software. If User does not click the "I Accept" button, User's access to the Service may be terminated immediately without notice and without compensation.

4. MODIFICATIONS TO SERVICE

Yahoo! reserves the right to modify, discontinue, or suspend temporarily or permanently, the Service without notice but shall, where reasonably practicable, give reasonable notice.

5. YAHOO! PRIVACY POLICY

Yahoo! will not monitor, edit or disclose the User's use of the Service or the contents of User's communications, except that User agrees Yahoo! may do so in the good faith belief that such action is reasonably necessary (a) to comply with the law; (b) to comply with legal process, including to comply with any court order or competent regulatory body; (c) to enforce the Terms of Service; (d) to respond to claims that such contents violate the rights of third-parties; or (e) to protect the interests of Yahoo! or others.

User acknowledges and agrees that technical processing of the User's messages is required to send and receive messages; (a) to conform to the technical requirements of connecting networks; (b) to conform to the technical requirements of the Service; or (c) to conform to other, similar technical requirements. User hereby permits such technical processing as may be required.

User acknowledges and agrees that Yahoo! has no control over and does not endorse the content of any User communications and is not responsible or liable in any way for any material contained in such communications.

6. MEMBER ACCOUNT, PASSWORD AND SECURITY

If User receives a password or account designation User acknowledges that the User is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under User's password or account. User agrees to (a) immediately notify (in accordance with provisions of Section 18 below) Yahoo! of any unauthorised use of User's password or account or any other breach of security; and (b) ensure that User exits from the User's account at the end of each session.

7. MEMBER CONDUCT

User agrees to abide by all applicable local, state, national, and international laws and regulations in User's use of the Service. User agrees to be solely responsible for the contents of communications through User's use of the Service.

User agrees (a) not to use the Service for unlawful purposes; (b) not to interfere with or disrupt the Service or servers or networks connected to the Service; (c) to comply with all requirements, procedures, policies and regulations of networks connected to the Service; (d) to comply with all applicable laws regarding the use of the Service and transmission and export of technical or other data anywhere in the world; (e) not to send any harassing, libellous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortious or otherwise objectionable messages; (f) not to use the Service in a manner or for a purpose that violates the rights of another, including but not limited to the intellectual property rights of another; (g) not to gain or attempt to gain unauthorised access to other computer systems or networks connected to the Service; (h) not to use the Service in a manner that may transmit any matter containing a virus, corrupted file, "Trojan Horse" or other hostile program or software (i) not to transmit "junk mail", "spam", "chain letters", or unsolicited mass distribution of marketing or other materials or communications; and (j) not to interfere with the use and enjoyment of the Service by other users.

8. INDEMNITY

User agrees to indemnify and hold Yahoo!, its parents, subsidiaries, affiliates, officers and employees, harmless from any loss, cost, damage, claim or demand, including reasonable legal fees, made by any third party or incurred or suffered by Yahoo! or its parents, subsidiaries, affiliates, officers or employees in connection with the User's use of the Service in breach of the Terms of Service.

9. NO RESALE OF SERVICE

User agrees not to resell, rent or hire the Service or use of or access to the Service.

10. STORAGE

Yahoo! shall not be responsible for the storage of any materials required or wished to be stored by the User. User is advised to store and keep back up copies of all information that User wishes to retain.

11. TERMINATION

Without prejudice to any remedy Yahoo! may have against User Yahoo! may terminate or suspend (without any liability to the User) with immediate effect without notice User's password, account or use of the Service (a) if Yahoo! reasonably believes that the User has breached any provision of the Terms of Service; or (b) User fails to use the Service at least once during a reasonable period of time as determined by Yahoo! from time to time.

Upon termination (for whatever reason) User shall immediately cease to use the Software and shall destroy all copies of the Software which were in the User's possession.

12. DEALINGS WITH THIRD PARTIES

User's correspondence with or participation in, or dealings with, third parties including access to the Service via a telephony service provider, promotions of advertisers found on the Service or the Internet; and payment and delivery of goods or services, are solely between User and such third party.

13. LINKS

The Service may provide access or links to other Web sites or resources. User acknowledges and agrees that Yahoo! is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.

14. YAHOO!'S PROPRIETARY RIGHTS

User acknowledges and agrees that content and information, including but not limited to text, software, software programs, music, sound, photographs, graphics, video, adverts or other material contained in sponsor advertisements or information presented to User through or as a result of use of the Service is protected by copyright, trademark, service mark, patent, or other proprietary rights and laws. User acknowledges and agrees that User is permitted to use this material and information only as expressly authorised by the owner or authorised licensor of such rights, and may not copy, reproduce, transmit, distribute, or create derivative works of, such content or information without express authorisation of the owner or authorised licensor thereof.

15. WARRANTIES

  • (a) YAHOO! WARRANTS THAT THE SOFTWARE WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE DESCRIPTION PUBLISHED BY YAHOO!. IF A FAILURE OCCURS WITH THE SERVICE IN BREACH OF THIS WARRANTY YAHOO! SHALL AS THE USER'S SOLE REMEDY USE REASONABLE ENDEAVOURS, THROUGH ITS CUSTOMER HELP DESK TO REMEDY THE FAILURE.
  • (b) NONETHELESS, YAHOO! CANNOT GUARANTEE THE FUNCTIONALITY OF THE SERVICE. YAHOO! IS NOT LIABLE FOR ANY FAILURE BY THE USER TO ACCESS THE INTERNET AS A RESULT OF A THIRD PARTY SUPPLY INCLUDING, WITHOUT LIMITATION, A FAULT IN THE USER'S TELEPHONEY SERVICE (USED TO ACCESS THE SERVICE) OR THE USER'S EQUIPMENT.
  • (c) YAHOO! EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS, TERMS AND REPRESENTATIONS OF ANY KIND INCLUDING, BUT NOT LIMITED TO, IMPLIED TERMS OF SATISFACTORY QUALITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.
  • (d) YAHOO! MAKES NO WARRANTY THAT THE SERVICE OR THE SOFTWARE WILL MEET USER'S REQUIREMENTS OR THAT THE SOFTWARE, THE SERVICE OR THE SUPPLY OF THE SERVICE BY YAHOO! WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM ANY VIRUS OR OTHER HARMFUL EFFECTS. FURTHER, YAHOO! MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
  • (e) USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF, OR DIRECTLY OR INDIRECTLY AS A RESULT OF USE OF OR FROM THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM, LOSS OF DATA OR ANY OTHER LOSS OR DAMAGE THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

16. LIMITATION OF YAHOO!'S LIABILITY

  • (a) NOTHING IN THESE TERMS OF SERVICE SHALL EXCLUDE OR LIMIT YAHOO!'S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF YAHOO!
  • (b) SUBJECT TO SECTION 16 (a) USER AGREES THAT YAHOO! SHALL NOT BE LIABLE IN CONTRACT, TORT (INLCUDING NEGLIGENCE) OR OTHERWISE IN CONNECTION WITH THE SERVICE FOR ANY LOSS OF PROFIT (DIRECT OR INDIRECT), GOODWILL, BUSINESS, INTEREST, REVENUE, SAVINGS, DATA OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES EVEN IF YAHOO! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • (c) SUBJECT TO SECTION 16 (a) ABOVE, THE TOTAL AGGREGATE LIABILITY OF YAHOO! TO THE USER IN CONNECTION WITH THE SERVICE SHALL NOT EXCEED £500 IN ANY EVENT.
  • (d) USER AGREES THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE [OR THE TERMS OF SERVICE] MUST BE FILED WITHIN ONE (1) YEAR AFTER USER BECAME AWARE OR OUGHT REASONABLY HAVE BECOME AWARE OF SUCH CLAIM OR CAUSE OF ACTION OR BE FOREVER BARRED, WAIVED OR FORFEITED AGAINST YAHOO!.
  • (e) EACH OF THE EXCLUSIONS AND LIMITATIONS CONTAINED IN SECTIONS 15 AND 16 SHALL BE CONSTRUED SEPARATELY. IN THE EVENT THAT ANY OF THE PROVISIONS IN THESE SECTIONS IS FOUND TO BE VOID OR UNENFORCEABLE, THE REMAINING PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT.

17. SPECIAL WARNING FOR MESSAGES RELATING TO FINANCIAL NEWS

If you intend to receive or request any news, messages, alerts or other information from or via the Service concerning companies, stock quotes, investments or securities, you must pay particular attention to Sections 15 and 16 with are particularly important to you. In addition, for this type of information particularly, the watchword should be "Let the investor beware". The content and material contained in messages of any kind from or via the Service are provided for informational purposes only, and are not intended for trading purposes. Yahoo! cannot be responsible for the content or accuracy of any information transmitted via the Service, and shall not be responsible for any trading or investment decisions made based on such information. Yahoo! does not provide investment advice, and User should seek properly qualified independent advice and information before acting upon any information obtain on or via the Service.

18. NOTICE

Any notice by the User to Yahoo! shall be made via email to [address] or regular mail to the Yahoo! Address. Yahoo! may provide notices to User (including notices of changes to the Terms of Service or other matters) by displaying such notices generally on the Service. User is advised to check the Service regularly for all relevant notices.

19. MISCELLANEOUS

The Terms of Service and the relationship between User and Yahoo! shall be governed by the laws of England and Wales. User agrees irrevocably to submit to the exclusive jurisdiction of the courts of England and Wales.

The failure of Yahoo! to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

Neither party shall be liable for any breach of these Terms of Service due to any cause beyond its reasonable control.

The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.



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