July 19, 2009
Please read the following agreement carefully.You must accept the agreement to be able to use ICQmail.
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Acceptance of Terms of Use
ICQmail is provided free of charge to registered users (each, a "User") on an "AS IS" "AS AVAILABLE" basis subject to these Terms of Use. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "REGISTER" BUTTON, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE AND BY THE APPLICABLE PROVISIONS OF THE ICQ TERMS OF SERVICE INCLUDING BUT NOT LIMITED TO THE ICQ END-USER LICENSE AGREEMENT, PRIVACY POLICY AND ANY OTHER DOCUMENTS AVAILABLE ON OR THROUGH http://www.icq.com/legal/ (COLLECTIVELY AND SEPARATELY REFERRED TO AS THE "ICQ TERMS OF SERVICE").
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Registration Information
Any use of Users' information by ICQ LLC. is subject to the ICQ Privacy Policy available on or through http://www.icq.com/legal/. ICQ LLC. reserves the right to take any action, in its sole discretion, for violations of these Terms Of Use, including, without limitation, terminating any User's account, without any notice, if ICQ LLC. learns that such User has provided false or misleading registration information.
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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.
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Modifications of these Terms of Use
ICQ LLC. may change these Terms of Use from time to time in its sole discretion. You agree that your use of ICQmail, for a period of 30 days after a notice of such change has been provided on the ICQ network or Web site for the first time, shall constitute your consent to the new or revised ICQ Terms of Use.
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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.
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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.
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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.
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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.
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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.
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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
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Promotional Messages
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.
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Indemnification
User agrees to defend, indemnify and hold ICQ LLC., its parents, subsidiaries, affiliates, officers and employees, its suppliers and their respective affiliates and agents, harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of User's use of ICQmail, the violation of these Terms of Use by User, or the infringement by User, or any other user of User's account, of any intellectual property or other right of any person or entity.
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Miscellaneous
(1) ICQ LLC. reserves the right and the sole discretion to (A) make improvements, corrections, adaptations, conversions and/or any other change in ICQmail and to any part thereof and/or to a revised or new Terms of Use; (B) change, limit, terminate or cease to provide at any time, temporarily or permanently, ICQmail or any part thereof, to all Users or any number thereof including without limitation, at any time, without notice, for any reason or no reason; (C) Establish a new operating and usage policy for ICQmail and change it at any time for any reason or no reason; (2) Nothing contained in this document shall be construed to limit action ICQ LLC. may take or remedies available to it in any way with respect to any prohibited activity or conduct. ICQ LLC. reserves the right to take any additional actions it may consider appropriate with respect to such activity or conduct, including without limitation taking action to recover costs and expenses of identifying offenders and removing them from ICQ Inc's network or systems, and levying cancellation charges to cover costs in the event of disconnection for the causes outlined in this agreement. In addition, ICQ LLC. reserves the right to charge and/or sue for damages (including damage to software, hardware and other equipment and the time and expense incurred in repairing such damage) if any harm is done to its network or equipment which requires repair or reconfiguration of any kind. (3) Non-enforcement of any term of this agreement does not constitute consent or waiver, and ICQ LLC. reserves the right to enforce such term at its sole discretion. (4 ) Any reference made in this document to ICQ LLC. shall be deemed to have been made to ICQ LLC., its subsidiaries, successors, assignees, affiliates as well as any company that controls ICQ LLC., directly or indirectly, and any other subsidiary of that controlling company. This Terms of Use agreement sets forth your entire agreement with ICQ LLC. concerning ICQmail. You agree that this Terms of Use is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Terms of Use agreement. If any part of this Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
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Applicable Law
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.
