AT&T Web Site Agreement
The AT&T Web Site (the "Service") is an online information and
communications service provided by AT&T Corp. ("AT&T"),
subject to your compliance with the terms and conditions set forth below
including, all exhibits hereto. PLEASE READ THIS DOCUMENT
CAREFULLY BEFORE ACCESSING OR USING THE SERVICE. BY ACCESSING OR
USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY
THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE
SERVICE. AT&T MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH
MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE
MODIFIED AGREEMENT. YOU AGREE TO REVIEW THE AGREEMENT
PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED
ACCESS OR USE OF THE SERVICE SHALL BE DEEMED YOUR CONCLUSIVE
ACCEPTANCE OF THE MODIFIED AGREEMENT.
- Operating Policies.
You agree to comply with the Operating
Policies set forth in
Exhibit A which are the rules that govern
your activity in connection with the Service as they may be
amended by AT&T from time to time. AT&T has the right but not
the obligation to remove any communications and materials that
AT&T believes in its sole discretion violate the Operating Policies.
- Copyright, Licenses and Idea Submissions.
The entire contents of the Service are copyrighted under the United States
copyright laws. The owner of the copyright is AT&T. You may
print and download portions of material from the different areas
of the Service solely for your own non-commercial use. You may
make: (a) one machine readable copy, (b) one backup copy, and
(c) one print copy of any portions of material downloaded from
the different areas of the Service solely for your non-commercial
use. Any other copying, redistribution, retransmission or
publication of any downloaded material, is strictly prohibited
without the express written consent of AT&T or any third party
information provider to the Service. You agree not to change or
delete any proprietary notices from materials downloaded from the
Service. You agree to grant to AT&T a non-exclusive,
royalty-free, worldwide, perpetual license, with the right to sublicense,
to reproduce, distribute, transmit, create derivative works of,
publicly display and publicly perform any materials and other
information (including, without limitation, ideas contained
therein for new or improved products and services) you submit to
public areas of the Service (such as bulletin boards, forums and
newsgroups) by all means and in any media now known or hereafter
developed. You also grant to AT&T the right to use your name in
connection with the submitted materials and other information as
well as in connection with all advertising, marketing and
promotional material related thereto. You agree that you shall
have no recourse against AT&T for any alleged or actual
infringement or misappropriation of any proprietary right in your
communications to us.
- Use of the Service.
You understand that, except for
information, products or services clearly identified as being
supplied by AT&T, AT&T does not operate, control or endorse any
information, products or services on the Internet in any way.
Except for AT&T-identified information, products or services, all
information, products and services offered through the Service or
on the Internet generally are offered by third parties that are
not affiliated with AT&T. You also understand that AT&T cannot
and does not guarantee or warrant that files available for
downloading through the Service will be free of infection or
viruses, worms, Trojan horses or other code that manifest
contaminating or destructive properties. You are responsible for
implementing sufficient procedures and checkpoints to satisfy
your particular requirements for accuracy of data input and
output, and for maintaining a means external to the Service for
the reconstruction of any lost data. YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND THE
INTERNET. AT&T DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT
LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE, INFORMATION
OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY, AND AT&T SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE
ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION.
IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES,
MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR
ON THE INTERNET GENERALLY. AT&T DOES NOT WARRANT THAT THE SERVICE
WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE
SERVICE WILL BE CORRECTED. THE SERVICE AND THE SOFTWARE ARE
PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS.
YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED
MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE
TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK. AT&T HAS NO
CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
IN NO EVENT WILL AT&T BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF
OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR
TRANSACTIONS PROVIDED ON THE SERVICE OR DOWNLOADED FROM THE
SERVICE, EVEN IF AT&T OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM
ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE
SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE
SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES,
AT&T'S LIABILITY IS LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold
harmless AT&T, its officers, directors, employees, agents,
licensors, suppliers and any third party information providers to
the Service from and against all losses, expenses, damages and
costs, including reasonable attorneys' fees, resulting from any
violation of this Agreement or any activity related to your
account (including negligent or wrongful conduct) by you or any
other person accessing the Service using your Service account.
- Third Party Rights.
The provisions of paragraphs 3 (Use of
the Service), and 4 (Indemnification) are for the benefit of AT&T
and its officers, directors, employees, agents, licensors,
suppliers, and any third party information providers to the
Service. Each of these individuals or entities shall have the
right to assert and enforce those provisions directly you on its own behalf.
- Term; Termination.
This Agreement may be terminated by
either party without notice at any time for any reason. The
provisions of paragraphs 2 (Copyright, Licenses and Idea
Submissions), 3 (Use of the Service), 4 (Indemnification), 5
(Third Party Rights) and 6 (Miscellaneous) shall survive any
termination of this Agreement.
This Agreement shall all be governed and
construed in accordance with the laws of the State of New York
applicable to agreements made and to be performed in New York.
You agree that any legal action or proceeding between AT&T and
you for any purpose concerning this Agreement or the parties'
obligations hereunder shall be brought exclusively in a federal
or state court of competent jurisdiction sitting in New York.
Any cause of action or claim you may have with respect to the
Service must be commenced within one (1) year after the claim or
cause of action arises or such claim or cause of action is
barred. AT&T's failure to insist upon or enforce strict
performance of any provision of this Agreement shall not be
construed as a waiver of any provision or right. Neither the
course of conduct between the parties nor trade practice shall
act to modify any provision of this Agreement. . AT&T may assign
its rights and duties under this Agreement to any party at any
time without notice to you.
Your participation in on-line communications occurs in real time
and is not edited, censored, or otherwise controlled by AT&T.
AT&T cannot and does not screen content provided by users of the
Service. Notwithstanding the foregoing, AT&T reserves the right
to monitor content on the Service and to remove content which
AT&T, in its sole discretion, determines to be harmful,
offensive, or otherwise in violation of these Operating Policies.
In order to maintain an informative and valuable service that
meets the needs of the users of the Service and avoids the harm
that can result from disseminating statements that are false,
malicious, violate of the rights of others, or otherwise harmful,
it is necessary to establish the following rules to protect
You may not post or transmit any message anonymously or
under a false name.
You may not post or transmit any message which is
libelous, defamatory or which discloses private or
personal matters concerning any person. You may not
post or transmit any message, data, image or program
which is indecent, obscene or pornographic.
You may not post or transmit any message, data,
image or program that would violate the property rights
of others, including unauthorized copyrighted text,
images or programs, trade secrets or other confidential
proprietary information, and trademarks or service marks
used in an infringing fashion.
You may not interfere with other users use of the Service.
You may not post or transmit any file which contains
viruses, worms, "Trojan horses" or any other
contaminating or destructive features.
You may not post or transmit any message which is
harmful, threatening, abusive or hateful. It is not the
Service's intent to discourage you from taking
controversial positions or expressing vigorously what may
be unpopular views; however, AT&T reserves the right to
take such action as it deems appropriate in cases where
the Service is used to disseminate statements which are
deeply and widely offensive and/or harmful.
You may not post or transmit charity requests,
petitions for signatures, chain letters or letters
relating to pyramid schemes. You may not post or
transmit any advertising, promotional materials or any
other solicitation of other users of the Service for
goods or services except in those areas (e.g., a
classified bulletin board) that are designated for such purpose.
You may not post or list articles which are off-topic
according to the description of the group or list
or send unsolicited mass emailings to more than twenty-five (25)
email users, if such unsolicited emailings
provoke complaints from the recipients.
You may not use the facilities and capabilities of the
Service to conduct any activity or solicit the
performance of any illegal activity or other activity
which infringes the rights of others.