July 19, 2009Please read the following agreement carefully.
You must accept the agreement to be able to use ICQmail.
Children Under 13
Please note that ICQmail as well as the ICQ Web site, network, system, software, service, servers, various directories and listings, various message and news boards, tools, information and databases, are NOT FOR USE BY CHILDREN UNDER 13 YEARS OF AGE. If it comes to ICQ LLC.'s attention through reliable means that a registered user is a child under 13 years of age, ICQ LLC. will cancel that user's account.
Modifications of ICQmail
ICQ LLC. may modify, alter, change or discontinue User's account with or without notice, for any reason whatsoever, as ICQ LLC. deems necessary, with respect to any User, without liability to any User or any third party.
Contents of Messages
ICQ LLC. cannot and does not, monitor, censor or edit the contents of Users' email messages. Users alone are responsible for the contents of their messages, and the consequences of any such messages. ICQ LLC. does not assume any responsibility or liability for messages or other content that is provided by Users or anyone else. You may only use ICQmail for legal purposes and you may not use ICQmail in any way whatsoever that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation. For example, you may not use ICQmail to send, post, distribute or disseminate any defamatory, obscene, or otherwise unlawful messages, material or information, including another person's proprietary information (including trademarks, trade secrets, or copyrighted information) without express authorization from the rights holder. Additionally, you may not use ICQmail to collect or harvest personal information, including Internet addresses, about other Users of ICQmail or use ICQmail to send any messages or material that are harassing, offensive, racially offensive, discriminating, abusive, threatening, harmful, embarrassing, vulgar, cause distress or otherwise objectionable. User may use ICQmail for private personal purposes only and will not use ICQmail for advertising, chain letters, junk mail, "spamming", solicitations (commercial or non-commercial) any other type of unsolicited emailing (whether commercial or informational) or any use of distribution lists. User further agrees not to send or deliver viruses, Trojan horses or other harmful, disruptive, or destructive files. ICQ LLC. reserves the right to terminate any User's account if ICQ LLC. becomes aware and determines, in its sole discretion, that such User is violating any of the foregoing guidelines. It is ICQ LLC.'s policy to respect the privacy of its Users, but User agrees that this agreement does not create a reasonable expectation of privacy in the context of User's email communications. ICQ LLC. will cooperate with law enforcement and other legal authorities in investigating claims of illegal activity. In addition, User may not use or attempt to use another person's or entity's account, service or system without authorization from the owner, nor will User interfere with the security of, or otherwise abuse, ICQmail service, system resources or accounts, or any network or another User's use or enjoyment of the mail services. No User may forge header or address information. ICQ LLC. reserves the right, but is not obligated to employ, blocking or filtering software or other monitoring devices or techniques if deemed necessary or reasonable to detect or protect spam with respect to electronic communications received by Users from other entities.
Account and Password
User is responsible for maintaining the confidentiality of his account number and password. User shall be responsible for all uses of his account, whether or not authorized by User. User agrees to immediately notify ICQ LLC. of any unauthorized use of his account.
Disclaimer of Warranties
USER EXPRESSLY AGREES THAT USE OF ICQMAIL OR ANY PART THEREOF IS AT USER'S SOLE RISK. ICQMAIL IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ICQ LLC. DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ICQ LLC. DOES NOT MAKE ANY WARRANTY THAT ICQMAIL WILL MEET USER'S REQUIREMENTS, OR THAT ICQMAIL WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES ICQ LLC. MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ICQMAIL OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED BY OR THROUGH ICQMAIL. USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ICQMAIL IS AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING SUCH MATERIAL AND/OR DATA. ICQ LLC. DOES NOT MAKE ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED ON OR THROUGH ICQMAIL OR ANY TRANSACTIONS ENTERED INTO ON OR THROUGH ICQMAIL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM ICQ LLC. OR THROUGH ICQMAIL SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL ICQ LLC. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE ICQMAIL OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON OR THROUGH ICQMAIL OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF ICQ LLC. AND/OR ANY THIRD PARTY WHO MAY OPERATE ICQMAIL ON ICQ'S BEHALF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Email Message Storage
ICQ LLC. will not assume any responsibility for the deletion or failure to store email messages for any reason whatsoever, including whether inadvertent or through ICQ LLC.'s negligence
ICQ LLC. and/or third parties may, from time to time, send email messages to Users containing advertisements, promotions, etc. ICQ LLC. does not, and will not, make any representation or warranty with respect to the content of any such email messages or any goods or services which may be obtained from such third parties, and User agrees that ICQ LLC. shall have no liability with respect thereto.
This Agreement and the Terms of Service shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, excluding its conflicts-of-law rules. Please note that your use of the ICQ Services may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with ICQ or relating in any way to your use of the ICQ Services 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 ICQ or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.