July 19, 2009
ICQ LLC. strongly believes in people communication and in the freedom of expression as long as legal or moral accepted standards are not crossed. In this Web site, ICQ LLC. is offering you several services and software products that may expand your communication facilities. ICQ LLC. trusts that you will use these facilities to promote the flowing exchange of information and exercise your freedom of expression in accordance with this Acceptable Use Policy ("Policy"). User violation of this Policy may result, among other things, in the suspension or cancellation of User's access to the ICQ network, system, software, servers, various directories and listings, various message and news boards, tools, information and databases (together with the ICQ Web site will be referred to as the "ICQ Services and Information").The ICQ Services and Information are NOT FOR USE BY CHILDREN UNDER 13 YEARS OF AGE. Please note that 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.
ICQ LLC. does not actively monitor nor does it exercise any editorial control over the content of any Web site, message or other material or information created, obtained or accessible through the ICQ Services and Information. However, ICQ LLC. reserves the right to remove any material it becomes aware of that is in its sole discretion, potentially illegal, could subject ICQ LLC. to liability, violate this Policy or is otherwise found inappropriate.
You agree not to post any message containing, or otherwise use, any obscene or offensive language or post anywhere else on or through the ICQ Services and Information any material that is an invitation to fast money making schemes, defamatory, pornographic, racial, abusive or hateful, may constitute junk mail, unauthorized advertising or harassment, invades anyone's privacy, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation. You agree to use the ICQ Services and Information for private personal use only and refrain from any use for unlawful purposes.
You further agree not to use the ICQ software nor any other software or application to attempt to override the ICQ privacy and security features or any other operation rule of the ICQ Services and Information including without limitation for spoofing, sniffing, eavesdropping, imposturing or spamming other users, breaking passwords, harassment, fraud, forgery, electronic trespassing, tampering, hacking, nuking, system contamination including without limitation use of viruses, worms and Trojan horses causing unauthorized damaging or harmful access and/or retrieval of information and data.
You are solely responsible for ensuring that any material or information you post anywhere on or through the ICQ Services and Information - including but not limited to text, photographs, and sound - does not violate the copyright, trademark, trade secret, or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights.
You agree that by posting any material or information anywhere on the ICQ Services and Information you surrender your copyright and any other proprietary right in the posted material or information. You further agree that ICQ LLC. is entitled to use at its own discretion any of the posted material or information in any manner it deems fit, including, but not limited to, publishing the material or distributing it.
IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE QUALITY, ADEQUACY, ACCURACY, COMPLETENESS, CURRENTNESS, VALIDITY AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, AND OTHER INFORMATION OBTAINED OR ACCESSIBLE THROUGH THE ICQ SERVICES AND INFORMATION.
You agree to indemnify ICQ LLC., its employees, agents, and representatives, and to hold them harmless, from any and all losses, claims and liabilities (including attorneys fees) which may arise from your submissions, posting of information or deletion thereof, from your use of any of the ICQ Services and Information or any other service and/or material obtained from or accessible through any services provided on this Site, or from your breach of these rules or any other agreement between you and ICQ LLC.. You further agree that ICQ LLC. is not responsible, and shall have no liability to you or anyone else, for any material posted by others, including defamatory, offensive, or illicit material, and that the risk of damage from such material rests entirely with you.
You agree not to disrupt or interfere with the ICQ Services and Information or any other services provided on this Site, nor to alter or tamper with any information or materials on or associated thereto.
You agree not to attempt to penetrate security measures of ICQ LLC., whether or not the intrusion results in corruption or loss of data.
The access to ICQ LLC.'s various directories, databases and listings is provided by ICQ LLC. as a convenience. ICQ users and those wishing to contact ICQ users are granted limited access to ICQ LLC.'s various directories, databases and listings solely for the purpose of allowing more convenient personal communications over the ICQ system and products. Any other use or attempt to use ICQ LLC.'s various directories, databases and listings for commercial, or other purposes or for systematic retrieval of data and information stored in ICQ LLC.'s various directories, databases and listings and any kind of copying or reproduction of the data, or any part thereof, stored in ICQ LLC.'s various directories, databases and listings to any other location or server for further reproduction or distribution is strongly prohibited.
You acknowledge that you are expressly prohibited from utilizing the ICQ Message Boards, ICQ servers, ICQ End-User software nor any of the ICQ Services and Information in connection with data mining of any kind, commercial use, the sending of unsolicited electronic mail or other forms of messages, whether commercial or not, to a large number of recipients. This prohibition extends to the sending of unsolicited mass mailings from another service which in any way implicates the use of the ICQ Message Boards or ICQ LLC.'s various directories, databases and listings.
A message is unsolicited if it is sent to a recipient who has not requested or invited the message. Mass mailing is mailing of messages in quantities exceeding reasonable personal use. For purposes of this provision, merely making one's e-mail address accessible to the public shall not constitute a request or invitation to receive messages.
You agree to refrain from revealing your password to others or allowing others to use your ICQ account (other than authorized users in your household).
You agree to refrain from forging any message header, in part or whole, of any electronic transmission, originating or passing through the ICQ environment, distributing viruses to, from or through the ICQ Services and Information and allowing access to the ICQ servers through your ICQ account for the purpose of operating a server of any type or for any other purpose which is not common personal use.
ICQ LLC. has no practical ability to restrict all conduct, communications or content which might violate this Policy prior to its transmission on or through the ICQ Services and Information, nor can ICQ LLC. ensure prompt removal of any such communications or content after transmission or posting. Accordingly, ICQ LLC. does not assume liability to users or others for any failure to enforce the terms of this Policy.
If any part of this Policy 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.
Any reference made in this Policy 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.
ICQ LLC. may change from time to time the ICQ Terms of Service including this Policy, the ICQ End User License Agreement (the "ICQ EULA"), the ICQ Privacy Policy and any other document available on or through http://www.icq.com/legal/ (collectively and separately referred to as the "ICQ Terms of Service"). You agree that your use of the ICQ Services and Information, beyond 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 Service.
In case of contradiction between any provision of the ICQ EULA and any provision of this Policy, the provision of the ICQ EULA shall prevail, unless the provision of this Policy reflects a narrower responsibility on behalf of ICQ LLC. than the relevant provision of the ICQ EULA.
In case of contradiction between any provision of this Policy and any provision of the ICQ Help File, the provision of this Policy shall prevail, unless the provision of the ICQ Help File reflects a narrower responsibility on behalf of ICQ LLC. than the relevant provision of this Policy.
