Netscape Internet Service

NETSCAPE INTERNET SERVICE MEMBERSHIP AGREEMENT

Welcome and thank you for your interest in the Netscape Internet Service. This Member Agreement and the Netscape Internet Service Privacy Policy collectively make up the Netscape Terms of Service. The Netscape Terms of Service govern your membership and your use of the Netscape Internet Service. By registering for or using the Netscape Internet Service, you agree to the Terms of Service and you also agree to transact electronically with Netscape Communications Corporation ("Netscape").

1. DEFINITIONS. Below are definitions for terms that Netscape will use throughout this Agreement:

a. Account - The original account you open when you register for Netscape Internet Service membership through which you obtain access to the Netscape Internet Service and other Netscape services.

b. Content - Information, software, games, communications, photos, video, graphics, music, sound and other materials provided by or through the Netscape Internet Service or on the Internet.

c. Netscape Internet Service - The internet access and email membership service offered by Netscape Communications Corporation, including all Software for accessing and using the service.

d. Software - Any software made available from Netscape or a Supplier, whether preinstalled, given on a medium, provided by download or upgrade, or made available online that enables you to access and use the Netscape Internet Service.

e. Supplier - Any third-party distributor of the Netscape Internet Service, any third-party provider of Software for the Netscape Internet Service, and any third-party provider of Content for the Netscape Internet Service and any third-party telecommunications provider.

2. Qualifications for Membership. You must be a U.S. resident, at least 18 years of age and legally able to enter into contracts to qualify for Netscape membership. Netscape reserves the right to limit you to one free trial or promotion that cannot be combined with other offers.

3. REGISTRATION FOR MEMBERSHIP. You must register in your own name and provide true and current information. Netscape will open your Account when you complete your registration. You will select (or Netscape will assign you) a user identification that will be identified with your Account for the life of your account (“User ID”). You can use the User ID to log on to the Netscape Internet Service. You will not be able to change your User ID; however, depending on your plan, you will have the opportunity to open one or more e-mail addresses with your account. User IDs and e-mail addresses associated with your account may not be vulgar, used by someone else, or impersonate someone else. Netscape in its sole discretion may reject the use or assignment of any User ID or e-mail address. All Netscape User IDs and e-mail addresses affiliated with your Account are the property of Netscape and, at Netscape’s sole discretion, expire upon the cancellation or termination of your Account.

4. YOUR RESPONSIBILITY. You are responsible for all activity on your Account, including all activity and purchases made by you or anyone you allow to use your Account, including family members. Therefore, you must supervise the use of your Account if you let others use your account or if you open e-mail accounts on their behalf. You and your Account may be subject to disciplinary action or termination if your Account is used inappropriately.

You agree to comply with all applicable laws, rules and regulations regarding your membership and use of the Netscape Internet Service. You agree to abide by all Netscape policies and you acknowledge that Netscape has the right to enforce this Agreement and all of its policies in its sole discretion. Netscape may take any action against your Account, ranging from a warning to termination, if you or anyone using your Account violates the Netscape Terms of Service. Netscape is not required to provide notice prior to terminating your Account.

You agree to keep confidential the passwords associated with your Account and passwords that you use with all other Netscape services. You agree to indemnify and hold harmless Netscape for losses incurred by Netscape 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.

5. UNSOLICITED BULK COMMUNICATIONS. You may not use Netscape’s communication tools to send unsolicited bulk e-mail or other forms of unsolicited bulk communications. Similarly, you may not authorize others to use your Account or e-mail addresses assigned to your Account to send unsolicited bulk e-mails or communications, or cause unsolicited bulk communications to be sent by someone else. You may not harvest or collect information about Netscape users from the Netscape Internet Service, including e-mail addresses, 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 Netscape may take any legal and technical remedies to prevent unsolicited bulk communications from entering, utilizing or remaining within Netscape’s networks.

6. BILLING AND PAYMENT. You must select a payment method to pay Netscape for membership fees and all purchases made from Netscape.

Under most plans, Netscape charges in advance. Surcharges apply if you use certain payment methods (such as payment from your checking account) or certain telephone numbers to access the Netscape Internet Service. Additional fees will apply for technical support, or when you subscribe to other supplemental or enhanced services, depending on your plan. All charges are nonrefundable unless provided otherwise in your subscription plan.

You must give Netscape accurate billing and payment information and keep this information up-to-date through the "My Account" area on the Netscape Internet Service. Netscape will bill you through your Account. You agree to pay Netscape for all charges incurred under your Account, including all applicable taxes, fees and surcharges, and subscriptions to premium or enhanced services. You authorize Netscape to charge your designated payment method for these charges. If Netscape does not receive payment from your designated payment method, you agree to pay all amounts due upon demand by Netscape.

Every time you use a Netscape Internet Service, you reaffirm that (i) Netscape is authorized to charge your designated payment method; (ii) Netscape may submit charges incurred under your Account for payment; and (iii) you will be responsible for such charges, even if your membership is canceled or terminated.

After 30 days from the date of any unpaid charges, your Account will be deemed delinquent and Netscape may terminate or suspend your Account for nonpayment. Netscape reserves the right to assess an additional 1.5 percent (or the highest amount allowed by law, whichever is lower) per month late charge if your payment is more than 30 days past due and to use alternate means to collect any unpaid charges. You are liable for any fees, including attorney and collection fees incurred by Netscape in its efforts to collect any remaining balances from you.

You are responsible for all charges incurred under your Account, including applicable taxes, fees, surcharges and purchases made by you or anyone you allow to use your Account (including your family members or friends).

You must notify Netscape about any billing problems or discrepancies within 90 days after they first appear on your Account statement. If you do not bring them to Netscape’s attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.

You can go to "My Account" on the Netscape Internet Service, then select "Current Charges" or "Billing FAQ's" or contact a Netscape billing representative at 1-866-451-8233 to get information about billing or to determine the status of your bill and the amount of any surcharge.

Any trial promotion must be used within the specified time of the trial. You must cancel your Account before the end of the trial period to avoid being charged a membership fee. Please note, however, that even during any free trial period or other promotion, you will still be responsible for any purchases, technical support, and surcharges incurred using your Account.

7. COMMUNICAITONS CHARGES. You are responsible for obtaining and maintaining at your expense all equipment and services needed to access the Netscape Internet Service. You are responsible for any telephone charges you may incur by accessing the Netscape Internet Service. The use of any Netscape access number is the same as making a telephone call to that number and thus may result in additional charges on your telephone bill depending on your location and calling plan. The locations and area codes listed in connection with these numbers are not necessarily indicative of whether a call will be local or toll free for you. You should select your Netscape access numbers carefully. Please call your local phone company to ensure that the access number(s) you select will be local calls for your calling plan. This is especially important if there have been changes in area code designations, in your telephone service providers, or in your calling plan. Netscape has no information on whether your use of a particular access number will result in phone charges.

You are also responsible for any communications charges you may incur by accessing any Netscape services through a third-party network, such as a cable or wireless carrier. Your 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.

Netscape may also provide several surcharged 800 or 888 access phone numbers. These access numbers are not toll-free. You agree to pay the applicable surcharge to Netscape if you choose to use these surcharged numbers to access Netscape. Information on the amount of this surcharge and on available access phone numbers is located at the “My Account” area on the Netscape Internet Service. Note that you can incur long-distance or toll charges or surcharges for 800 or 888 access even during a free trial.

8. SERVICE FEATURES. You may not initiate more than one login session at a time. You understand and acknowledge that the Netscape Internet Service is intended for your personal and periodic use; the Netscape Internet Service is not offered or designed to provide an “always on” or “always connected” capability. You agree that Netscape reserves the right in its complete and sole discretion to establish general operating practices to maximize the operation and availability of its computer network for the greatest benefit of its members. These operating practices may include timed sign offs for users who are inactive for an extended period of time and timed sign offs for excessive, “always connected” consumption of the Netscape network. Users will be given the option to remain online before there is any automatic sign off.

9. CHANGES TO THE SERVICE. Netscape in its sole discretion may change or discontinue any or all aspects of the Netscape Internet Service without notice, including access to support services, Content and other products or services ancillary to the Netscape Internet Service or a Netscape Internet Service membership.

Netscape may modify the Netscape Terms of Service, change its fees and change its billing methods at any time. Netscape will provide you with notice of any change in pricing or material changes to the Terms of Service at least thirty (30) days in advance. If you disagree with any proposed change, your sole remedy is to cancel your membership before such change takes effect. Otherwise, you will be bound by the revised terms if you keep your membership. Netscape will not refund any charges if you choose to cancel your membership for this reason.

10. CONTENT. Content on the Netscape Internet Service and the Internet 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 the owner of the Content. You agree that you will not take any action to interfere with 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.

You may use any Content available on the Netscape Internet Service, but only for personal, non-commercial purposes. You may be given the opportunity to download certain Content such as music and photos, but you may do so only to the extent as authorized for that particular Content and only for your personal use. You may not use the Content in a manner that exceeds the rights granted for your use of the Content, which includes unauthorized copying or distribution of the Content or creating an unauthorized derivative work.

For any community areas that are made available on or through the service, such as message boards or picture sharing services, you may only post Content that you created or which you have been given permission to post by the owner of the Content. You may not post or distribute Content that is illegal or that violates the Netscape Terms of Service. By posting or submitting Content on any Netscape services, you represent and warrant that (i) you own all the rights to this Content or are authorized to use and distribute this Content and (ii) this Content does not and will not infringe any copyright or any other third-party right nor violate any applicable law or regulation.

Although you or the owner of the Content retain ownership of all right, title, and interest in Content that you post to any Netscape services, Netscape owns all right, title, and interest in any compilation, collective work or other derivative work created by Netscape using or incorporating this Content. In addition, by posting Content on any Netscape services, you grant Netscape, its parent, affiliates, subsidiaries, assigns, agents and licensees the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt and promote this Content in any medium.

Netscape is not required to pre-screen Content available on the Netscape Internet Service, although Netscape reserves the right to do so in its sole discretion. Netscape is not liable for Content that is provided by others. Netscape reserves the right to remove Content from the Netscape Internet Service (or any other Netscape service that is shared with Netscape affiliates) that, in its sole judgment, does not meet its standards or does not comply with the Netscape Terms of Service, but Netscape is not responsible for any failure or delay in removing such material. Netscape is not responsible for content available on the Internet, although Netscape reserves the right to block access to any Internet area containing illegal or other harmful content being used for purposes that are unlawful or injurious to Netscape or its members. You acknowledge that third-party sites on the Internet may have their own terms and conditions that govern your use of those sites.

You may not post on or transmit through the Netscape Internet Service any material that (1) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, (2) encourages conduct that would constitute a criminal offense, (3) gives rise to civil liability or (4) otherwise violates any law. You also may not undertake any conduct that, in Netscape’s judgment, restricts or inhibits any other user from using or enjoying the Netscape Internet Service, including without limitation the community areas.

11. EXPORTING CONTENT OR SOFTWARE. You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or Software subject to restrictions under such laws to a national destination prohibited under such laws (currently, Cuba Iran, Iraq, Libya, North Korea, Sudan and Syria or national thereof), or to any person or entity prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to Netscape any data or software that cannot be exported without prior written government authorization and notification of Netscape, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this Agreement.

12. LICENSE. Netscape and the Suppliers grant you a personal, non-exclusive, non-transferable, limited license to install the Software on any computer or device from which you wish to access the Netscape Internet Service and to use the Software to connect to and use the Netscape Internet Service in accordance with this Agreement. Netscape occasionally will provide automatic Software and technology upgrades to improve your member experience, such as virus and spam screening technologies, although these upgrades may not be consistent across all platforms and devices. You agree to accept and to take no action to interfere with such automatic upgrades, scanning, and related services.

You may only use the Software to access and use the Netscape Internet Service. You may not copy the Software except to install it on your computer or other devices. You may not sell the Software or incorporate it (or any portion of it) into another product. You may not reverse engineer, decompile or disassemble the Software or otherwise attempt to derive the source code (except where expressly permitted by law). You may not obtain the communications protocol for accessing the Netscape Internet Service unless expressly authorized by Netscape. You may not modify, adapt or create derivative works from the Software in any way or remove proprietary notices in the Software. You agree to abide by all laws and regulations in effect regarding your use of the Software and the Netscape Internet Service. Finally, you may not authorize or assist any third party to do any of the things described in this paragraph.

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.

13. Disclaimer of WARRANTIES. YOUR USE OF THE NETSCAPE INTERNET SERVICE, SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. THE NETSCAPE INTERNET SERVICE AND SOFTWARE ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SPECIFICALLY, NETSCAPE AND THE SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE NETSCAPE INTERNET SERVICE AND SOFTWARE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NETSCAPE AND THE SUPPLIERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE AND NETSCAPE INTERNET SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE OR NETSCAPE INTERNET SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR NETSCAPE INTERNET SERVICE WILL BE CORRECTED. NETSCAPE AND THE SUPPLIERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE NETSCAPE INTERNET SERVICE, OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NETSCAPE OR A NETSCAPE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. NETSCAPE PROVIDES THE NETSCAPE INTERNET SERVICE AND SOFTWARE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT MEMBERS WILL BE ABLE TO ACCESS OR USE THE NETSCAPE INTERNET SERVICE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT NETSCAPE WILL HAVE ADEQUATE CAPACITY FOR THE NETSCAPE INTERNET SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

14. LIMITATION OF LIABILITY. NETSCAPE’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SOFTWARE PROVIDED OR USED BY NETSCAPE SHALL BE THE REPLACEMENT OF ANY NETSCAPE SOFTWARE FOUND TO BE DEFECTIVE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH NETSCAPE IS THE CANCELLATION OF YOUR ACCOUNT AS DETAILED BELOW IN SECTION 16. IN NO EVENT SHALL NETSCAPE’S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE NETSCAPE INTERNET SERVICE EXCEED THE TOTAL AMOUNT OF SERVICE FEES THAT YOU PAID DURING A ONE-YEAR PERIOD FOR THE SPECIFIC NETSCAPE INTERNET SERVICE AT ISSUE.

NETSCAPE AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE NETSCAPE INTERNET SERVICE, SOFTWARE, THE INTERNET, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR MEMBERSHIP WITH NETSCAPE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF NETSCAPE HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, NETSCAPE AND ITS SUPPLIER’S LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. EXCEPT FOR OFFERS EXPRESSLY MADE OR GUARANTEED BY NETSCAPE, NETSCAPE AND ITS SUPPLIERS DO NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH NETSCAPE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

15. INDEMNIFICATION. Upon a request by Netscape, you agree to defend, indemnify and hold harmless Netscape and its Suppliers from all liabilities, claims and expenses, including attorneys’ fees, that arise from a breach of the Netscape TERMS OF SERVICE for which you are responsible or from the misuse of the Netscape Internet Service or the Internet, or in connection with your transmission of any Content on the Netscape Internet Service. Netscape reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification for Netscape in that matter.

16. TERMINATION. Either you may cancel or Netscape may terminate your membership at any time. You can cancel your membership by calling, by sending a fax, or by sending a letter to Netscape’s Customer Service Department. Cancellation will take effect within 72 hours of receipt of your request. Complete information on Netscape’s cancellation procedures is available at the “My Account” page of the Netscape Internet Service and also in the “Billing FAQ” of the service. If you cancel near the end of your billing period and are inadvertently charged for the next month’s fee, contact Netscape to have the charges reversed. If you signed up for certain supplemental or enhanced services for an extra fee, you should consult the specific cancellation policies and procedures for those services.

Except as otherwise provided in Section 14 above, cancellation of your Account is your sole right and remedy with respect to any dispute with Netscape. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or Netscape’s enforcement or application of this Agreement; (2) any policy or practice of Netscape, including the Netscape Privacy Policy, or Netscape’s enforcement or application of these policies; (3) the Content available on the Netscape Internet Service or the Internet or any change in Content provided by Netscape; (4) your ability to access and/or use the Netscape Internet Service; or (5) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.

In the event that your Account is terminated or canceled, no online time or other credits will be credited to you or can be converted to cash or other form of reimbursement. Netscape must give you express permission before it will reactivate your Account if Netscape previously terminated your membership for violating the Netscape Terms of Service or due to an outstanding balance.

17. GENERAL LEGAL TERMS. This Agreement, as published over the Netscape Internet Service (which you can find by clicking the “Terms of Service” link at the bottom of the service’s home page), the terms provided at registration and billing terms posted on the Netscape Internet Service website constitute the entire and only agreement regarding your Netscape membership and your Account. This Agreement supersedes all representations, agreements and other communications regarding your membership. Only Netscape can amend this Agreement by posting the changes on the Netscape Internet Service website. If any term of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable, the term shall be considered to be stricken from this Agreement as if it had not been included from the beginning and the remainder of the Agreement enforced according to its terms.

You agree that this Agreement is not intended to confer and does not confer any rights or remedies from Netscape upon any person other than you. You also agree that any guidelines posted on the Netscape Internet Service website, including Netscape’s enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person.

18. CHOICE OF LAW, CHOICE OF FORUM. The laws of the Commonwealth of Virginia, excluding its conflicts-of-law rules, govern this Agreement and your membership. You expressly agree that exclusive jurisdiction for any claim or dispute with Netscape or relating in any way to your membership or your use of the Netscape Internet Service resides in the courts of Virginia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Virginia in connection with any such dispute including any claim involving Netscape or the Netscape Internet Service. The foregoing provision may not apply to you depending on the laws of your jurisdiction. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

19. ELECTRONIC DELIVERY POLICY AND YOUR CONSENT. By affirmatively signing up for the Netscape Internet Service, you consent to receive all communications, including notices, agreements, legally required disclosures or other information in connection with any Netscape Internet Services electronically from Netscape (collectively, “Notices”). You agree that Netscape generally can send you electronic Notices by (i) e-mail to an e-mail address you provide to Netscape for Notices, and/or (ii) by “pop up notice” on a Netscape Internet Service and/or by (iii) posting the Notices on a main page or channel page of the relevant service. You agree that certain supplemental or enhanced services made available to Netscape members may also have their own Notice procedures.

You must check your designated e-mail address regularly for Notices from Netscape. Netscape will send important Notices about your Netscape membership, including any Notices concerning violations of any sub-accounts, to your designated e-mail address.

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, such as Netscape Version 6.0 or higher or Microsoft Internet Explorer Version 5.5 or higher, and an Internet-based 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 Netscape Terms of Service at the “Terms of Service” link on the Netscape Internet Service home page. The delivery of any Notice from Netscape is effective when sent by Netscape, regardless of whether you read the communication when you receive it. You may withdraw your consent to receive notices electronically by calling or by sending a fax or letter to Netscape’s Customer Service at the address and phone number listed at the “My Account” page on the Netscape Internet Service; however, if you choose to withdraw consent, Netscape may terminate your membership and subscriptions to any Netscape Internet Service. All registrations, agreements, and terms will be completed electronically and will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.

20. INFORMATION FOR CALIFORNIA RESIDENTS. Under California Civil Code Section 1789.3, California Netscape members are entitled to the following specific consumer rights information:

Pricing Information. Current rates for using Netscape may be obtained by calling 1-866-451-8233. Netscape reserves the right to change fees, surcharges, and monthly membership fees or to institute new fees at any time upon thirty (30) days prior notice.

Complaints. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.

21. PRIVACY POLICY. The Netscape Privacy Policy explains how Netscape collects, uses, and discloses personal information in connection with your Netscape membership, as well as the choices Netscape gives you about such uses and disclosures. You can review the current version of this policy by clicking Privacy Policy or clicking on the "Privacy Policy" link on the Netscape Internet Service home page. By your affirmative act of either registering for the Netscape Internet Service as a new member, or registering for a new Netscape service, or continuing to use the Netscape Internet Service following your registration, you authorize the collection, use, and disclosure of personal information by Netscape as provided for under Netscape’s then-current Privacy Policy.

NETSCAPE ISP PRIVACY POLICY

Thank you for joining the Netscape Internet access service ("Netscape" or "Service") brought to you by Netscape Communications Corporation, an America Online, Inc. company.

When you register with Netscape, respond to its surveys, or take advantage of its features, offerings or content, you provide Netscape with personally identifiable information (your "Netscape information"). This Policy explains the information practices that apply to your Netscape information, as well as the choices you can make about the ways this information is used by Netscape.

This Privacy Policy applies only to information about you collected by the Service and does not apply to information about you collected by third party Web sites linked to or otherwise accessible from offerings presented by the Service. The information collected or received by third party Web sites is subject to their own privacy policies.

1. Collection of Your Netscape Information
2. How Your Netscape Information Is Used
3. Your Choices About Your Netscape Information
4. Cookies and Web Beacons
5. Netscape’s Commitment to Security
6. Changes to this Privacy Policy and Additional Information
7. Children's Privacy


8. Collection of Your Netscape Information

Your Netscape information consists of personally identifiable information collected or received about you when you register for the Service, respond to Netscape surveys, log in and interact with Netscape or transact with Netscape. Your Netscape information may include registration-related information (such as name, home or work addresses, e-mail addresses, telephone and fax numbers, birth date or gender); survey-related information, such as your hobbies and other interests; billing information (such as financial account and credit card number); transaction-related information (such as credit card or other preferred means of payment, or a history of products purchased through the Service); information about your visits to Netscape areas and Web pages , and your responses to the offerings, promotions and advertisements presented on these areas and pages; information about the features or offerings from Netscape that you use, and how frequently you use them; your billing and shipping information if you use a “wallet” or password storage service; customer service information about you as a Netscape user or subscriber; and other information specifically related to your use of a particular Netscape feature or offering. Your Netscape information may be supplemented with additional information available to Netscape from its affiliated or other companies.

Your Netscape information may also include certain technical information gathered by Netscape when you use features, offerings or content from the Service. Some of the technical information that may be collected or received includes: the type of browser you are using, the type of operating system you are using (e.g., Windows XP or Mac OS), CPU type (e.g. Pentium), your manner of connecting to the Internet; Internet protocol address; information about the version of any Netscape feature that you used prior to registering with the Service; and information about your geographic location.

When you register with Netscape and use features, offerings or content from the Service, your Netscape information will be collected and stored in the United States by Netscape.

2. How Your Netscape Information Is Used

The Service uses your Netscape information to operate and improve the features, offerings and content presented to you by Netscape; to personalize the content and advertisements provided to you; to fulfill your requests for products, programs, and services; to administer billing, accounting and collections in connection with your use of the Service; to communicate with you and respond to your inquiries; to conduct research about your use of the features, offerings and content from the Service; and to send you offers, including e-mail offers, for products and services that may be of interest.

Your Netscape information will not be shared with third parties unless it is necessary to fulfill a transaction you have requested, or in other circumstances in which you have consented to the sharing of your Netscape information. Netscape may use your Netscape information to present offers to you on behalf of business partners and advertisers. These business partners and advertisers receive aggregate data about groups of Netscape users, but do not receive information that personally identifies you.

Your Netscape information, including the contents of your online communications, may be accessed and disclosed in response to legal process (for example, a court order, search warrant or subpoena), or in other circumstances in which Netscape has a good faith belief that the Service is being used for unlawful purposes. Netscape may also access or disclose your Netscape information when necessary to protect the rights or property of Netscape or in special cases such as a threat to your safety or that of others.

Netscape may use agents and contractors to perform functions on behalf of Netscape. Examples include analyzing data, providing marketing assistance, performing credit checks and approvals, providing electronic mail services, processing credit card payments, collecting on delinquent accounts and providing customer service. If such agents and contractors have access to personally identifiable information, they are required to protect this information in a manner that is consistent with this Privacy Policy by, for example, not using the information for any purpose other than to carry out the services they are performing for Netscape.

In the unlikely event that ownership of Netscape or the Netscape service was to change as a result of a merger or acquisition by another company, your Netscape information may be transferred. Netscape will provide you notice prior to any such transfer of your Netscape information. If such a transfer results in a material change in the use of your Netscape information, Netscape will also provide you notice about the choices you have to decline to permit such a transfer.

3. Your Choices About Your Netscape Information

Netscape allows you to review and correct address, phone number, and other information you provide when you use the Service. Simply go to the “MY ACCOUNT” area on the Service and select "Accounts & Billing." Click on "Update Your Billing Address" and your current address and phone numbers will be displayed. You may then update whatever records you choose. Your billing method and credit card information will not be displayed for security reasons, but you may type in new information to update your records.

You will be given the opportunity to make choices about how your Netscape information may be used by Netscape to make any marketing offers to you. Any marketing preferences that you will be able to make will not apply to communications that are directly related to your registration and membership with Netscape (including upgrades and updates to the service), or the fulfillment of a specific transaction you have requested (for example, a service advisory from Netscape, or an acknowledgment of a purchase order).

4. Cookies and Web Beacons

Netscape uses cookies, web beacons, or similar technologies in connection with the provision of the Service. Cookies are text files that are placed in your computer's browser, and that can be used to help recognize and remember you as Netscape user. Web beacons are small pieces of code placed on Web pages that can be used, among other things, to count the users who visit that Web page, or to deliver a cookie to the browser of a user viewing that page. You can control cookies through your browser’s settings.

Netscape uses these technologies to enhance and personalize your experience on the Service, including to operate and improve offerings from the Service; to help authenticate your identity when you visit and transact on the Service; to remember your preferences and registration information; enable a shopping cart; to present and help measure and research the effectiveness of Service offerings, advertisements, and e-mail communications (by determining which Netscape e-mails you open and act upon); and to customize the content and advertisements provided to you.

Additionally, some Netscape advertisers may use other companies known as third party ad servers to help present advertisements online in connection with the features, offerings or content from the service. These third party ad servers may use cookies, web beacons, or similar technologies to help present such advertisements, and to help measure and research the advertisements' effectiveness. The use of these technologies by these third party ad servers is subject to their own privacy policies, not Netscape's.

5. Netscape’s Commitment to Security

Netscape has established safeguards to help prevent unauthorized access to or misuse of your Netscape information, but because it is a service that gives you connectivity and access to the Internet, it cannot guarantee that your personally identifiable information will never be disclosed in a manner inconsistent with this Privacy Policy (for example, in the event of unauthorized acts by third parties that violate applicable law or the policies of the Service and its affiliated providers). To protect your privacy and security, Netscape uses passwords to help verify your identity before granting access or making corrections to any of your Netscape information.

6. Changes to this Privacy Policy and Additional Information

Netscape may update this Privacy Policy from time to time, and so you should review this Policy periodically. If there are significant changes to Netscape’s information practices, you will be provided with appropriate online notice. Also, Netscape may offer premium services and features in the future, and if these services and features are not described in this policy, Netscape will provide you with additional privacy related information.

7. Children's Privacy

Only an adult can hold a Netscape account. If you are allowing your child to use your account to access the service, please read the Netscape Children's Privacy Policy to understand Netscape's practices regarding children's online privacy in areas designed for children age 12 and under.

Netscape’s Children's Privacy Policy

Netscape is committed to protecting children's online privacy. That's why we have created a special Children's Privacy Policy.

Only an adult can hold a Netscape account. If you are allowing your child to use your account to access the service, please read this privacy policy to understand Netscape's practices regarding children's online privacy in areas designed for children age 12 and under.

By allowing your child to use the Service, you as the parent are agreeing to Netscape's policy and practices. Specifically, you are agreeing to allow Netscape to use the content that may be posted by your child to provide the types of online activities and services described below.

Please keep in mind the following points:

(1) Personal Information is not collected from other users of your account. Netscape only has access to personal information you provide to us as the holder of the account and the use of such information is subject to the Netscape Privacy Policy. Netscape will not have personal information of other members of your family who may be using your account, including any of your children. Personal information on your child can be collected only in circumstances in which your child voluntarily posts personal information in online areas such as a forum, message board or chat. Therefore, we urge you to set limits on what your children can see and do while they are online.

(2) Take security seriously. Netscape takes steps to ensure that the limited personal information collected from children is secure, including limiting the number of people who have physical access to our servers as well as establishing security systems and passwords to guard against unauthorized access.

Under our Netscape Children's Privacy Policy, Netscape does NOT:

(1) Collect more information from children than is reasonably necessary for them to participate in activities.

(2) Entice children, by the prospect of a special game, prize or other activity, to provide more information than is reasonably necessary to participate in the activity.

(3) Share any personal information about children with third parties. Should Netscape ever wish to do so, we will get permission from parents first.

CONTACT INFORMATION

If you have any questions about Netscape’s Children's Privacy Policy, you may contact us:

By telephone: 1-888-206-6088

By U.S. mail:
Children's Online Privacy
P.O. Box 10810
Herndon, VA 20170

By e-mail: KidsPrivacy@netscape.com