AT&T Powered by Yahoo! Terms of Service

MEMBERSHIP AGREEMENT

The following Terms of Service (referred to as "TOS" or "Member Agreement") are between you, Yahoo! Inc. ("Yahoo!") and the AT&T company providing your Internet Access. AT&T High Speed Internet (purchased with a voice line and without a voice line) is provided by AT&T Internet Services; AT&T High Speed Internet U-verse Enabled is provided by your local AT&T telephone company which is one of the following: Southwestern Bell Telephone, L.P., Pacific Bell Telephone Company, Illinois Bell Telephone Company, Indiana Bell Telephone Company, Incorporated, Michigan Bell Telephone Company, Nevada Bell Telephone Company, The Ohio Bell Telephone Company, Wisconsin Bell, Inc, The Southern New England Telephone Company, or BellSouth Telecommunications, Inc.; AT&T Dial may be provided by any of the AT&T companies listed above (hereinafter referred to as “AT&T”). AT&T and Yahoo! are collectively referred to as " AT&T Yahoo!".

These TOS constitute a legal document that details your rights and obligations as a member (Member) of AT&T Dial, AT&T High Speed Internet, and/or AT&T High Speed Internet U-verse Enabled (each referred to as the "Service"). AT&T may assign these TOS and its rights and obligations pertaining to the provision of the Service, or parts thereof, to a parent or affiliated company without notice. Yahoo! may likewise assign these TOS, and its rights and obligations pertaining to the provision of the Service, or any parts thereof, to a parent or affiliated company without notice. All Members must accept these TOS as a condition of membership to the Service. For purposes of these TOS, "you" means the Member Account holder and each Sub Account holder or either of such account holders as the context requires.

Legal Authority.

If you are an individual, you must be an adult of at least 18 years of age to enroll in the Service as a Member Account holder; and by accepting these TOS as a Member Account holder, you confirm you are an adult of at least 18 years of age. If you are an entity, by accepting these TOS as a Member Account holder, you confirm (through your duly authorized representative) that you are a corporation, partnership or other legal entity duly formed (and incorporated if applicable) in good standing where required to do business with all legal authority and power to accept these TOS; and you are also confirming that these TOS constitute a valid and binding obligation of yours.

Updates.

Membership.

When you accept these TOS and complete the registration process for the Service, you become the "Member Account" holder. You will be asked to choose a unique name for that account (your "Member ID"). You may create up to ten "Sub Accounts" (each of which will have a separate password and Member ID) under your Member Account for others in your household or business. Each Sub Account will also be required to accept these TOS and complete the registration process for Sub Accounts to become a Sub Account holder of the Service. Member Account holders are responsible for all activity on your Member Account and on any of the Sub Accounts. Violations of these TOS in a Member Account or in a Sub Account can result in suspension or termination of the Member Account and all associated Sub Accounts.

Additional Terms.

When using particular services on the AT&T Yahoo! web site, including certain premium services, you will be subject to posted guidelines or additional terms applicable to those services. In addition, certain services offered by Yahoo!, such as Bill Pay, Yahoo! Store and Yahoo! Site, are governed by additional agreements. The posted guidelines, additional terms or additional agreements (as applicable) will be provided to you when you use, sign up for or register for those particular services. Unless otherwise expressly noted, the services provided by Yahoo! are consumer services.

Combined IDs.

The Member Account holder and each Sub-Account holder may be given the option to combine a unique Yahoo! ID with their account. Combination of your Service account with your Yahoo! ID will result in the linking of your Member ID with your Yahoo! ID.

Premium Services Defined.

"Core Premium Services" are those premium services that are included as part of your membership in the Service. "A La Carte Premium Services" are those premium services that you may optionally purchase over and above your Core Premium Services and are provisioned under your Member ID or combined Yahoo! ID.

Termination of Premium Services and Benefits.

Core Premium Services, any discounts that are provided to Members of the Service on the purchase of certain additional A La Carte Premium Services, or any other benefits provided as part of the Service will terminate upon termination or discontinuance of your membership with the Service. All Core and A La Carte Premium Services, discounts, and other benefits provided as part of or in connection with the Service are subject to change at any time without notice. You may cancel a premium service at any time by calling Yahoo! Customer Service at (408) 349-5151.

Effect of Service Termination on A La Carte Premium Services.

1. Combined Yahoo! ID.

   If you combined your Yahoo! ID with an account under this Service and then terminate your Service account, any A La Carte Premium Services you may have will remain in effect according to the terms applicable to each of those services. For a period of at least 90 days after the termination of your Service account, you will be asked to close your Member ID when you log in to Yahoo! at any Yahoo! "sign in" opportunity (including, http://att.yahoo.com) using your Yahoo! ID or Member ID. If you do not close your Member ID within such period, we will automatically close your Member ID for you. After your Member ID is closed, you will be able to access your A La Carte Premium Services using your Yahoo! ID.

2. No Combined Yahoo! ID.

   If you did not combine a Yahoo! ID with an account under this Service, then any A La Carte Premium Services that you purchased under your Member ID will terminate if you fail to transfer them to a new Yahoo! ID within 90 days after termination of your Service account. Unless and until they are terminated, any A La Carte Premium Services you may have will remain in effect according to the terms applicable to each of those services. Upon transferring your A La Carte Premium Services to a new Yahoo! ID, you will be able to access these premium services using your new Yahoo! ID. You will be given the option to transfer these premium services to a new Yahoo! ID, when you log in to Yahoo! at any Yahoo! "sign in" opportunity (including, http://att.yahoo.com) using your Member ID within the transfer period. If you do not transfer these premium services to a new Yahoo! ID, we will terminate these premium services and you may lose some associated data that is stored in connection with such premium services, such as emails, photos, or briefcase data that are attributable to premium services that offer extra storage in the Yahoo! Mail, Yahoo! Photos, and Yahoo! Briefcase properties. Your Member ID will close when you transfer your A La Carte Premium Services or, if you fail to transfer them, at the end of the transfer period.

Note: Sub-Accounts with a combined Yahoo! ID will keep their A La Carte Premium Services under their Yahoo! ID when the Member ID of the Member Account holder is closed. Sub-Accounts with no combined Yahoo! ID will not have an opportunity to transfer their A La Carte Premium Services to a new Yahoo! ID after the Member ID of the Member Account holder is closed. Therefore, if Sub-Account holders wish to retain their A La Carte Premium Services and associated data, Sub-Account holders should make the election following the process in (b) above before the Member ID of the Member Account is closed.

DESCRIPTION OF SERVICE

Description.

The Service includes a rich collection of resources provided by AT&T Yahoo!, including various communications tools, forums, shopping services, search services, personalized content and branded programming that Yahoo! provides through its network of properties which may be accessed through various media or devices now known or hereafter developed, and AT&T’s broadband and narrowband Internet access service for retail consumers. Included with your basic membership fee, you receive certain services and content. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Yahoo! properties, shall be subject to these TOS. You understand and agree that the Service is provided "AS-IS" and that AT&T Yahoo! assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

Registration Discounts.

Your Service may also include discounts on A La Carte Premium Services not included with your basic membership fee. These discounts are not available to Sub Accounts. Discounts are applicable to services ordered from the AT&T Yahoo! discount page. Discounts can not be refunded and are not applicable to any other AT&T Yahoo! service. A La Carte Premium Services available for discounts may change without notice. All discounts will terminate upon cancellation of the Service and are non-transferable.

AT&T High Speed Internet and AT&T High Speed Internet U-verse Enabled.

AT&T High Speed Internet and AT&T High Speed Internet U-verse Enabled are information services. These Services combine Internet access and applications from AT&T with customized content, services and applications from Yahoo! to provide Members with high-speed broadband access to the World Wide Web.

User Discretion Advised.

Please be aware that there may be certain areas on the Service that contain adult or mature content and are designated for persons over 18 years of age. You must be at least 18 years of age to access and view such areas, and care should be taken to prevent access by members of your household who are under that age.

CONNECTION TO THE SERVICES

Equipment & Software.

Other than all software and hardware provided to you by AT&T Yahoo! and any revised version thereof that you choose to use, you must provide all equipment, devices and software necessary to receive the Service. Due to the infinite number of possible combinations of hardware and software, you are responsible for the compatibility of your system with the Service. Any equipment that was not provided to you by AT&T is not the responsibility of AT&T, and AT&T will not provide support and will not be responsible for ongoing maintenance or management of such equipment. Any AT&T-provided modem will be either a new or a fully inspected, tested, and warranted return or repackaged unit.

Additional Equipment Information for AT&T U-verse Enabled Customers: : AT&T will provide to you certain equipment (including a Residential Gateway or Optical Network Terminal, all of which is herein collectively referred to as "U-verse Equipment", where applicable), required for your Service. If your service includes a Residential Gateway, you agree to rent it as part of your purchase of the Service and/or other U-verse services.The U-verse Equipment requires Residential Gateway and other equipment requires electrical power from your premises to operate, which you are responsible for providing. If there is a Residential Gateway at your premises, depending on the other U-verse services you purchase, AT&T may provide an initial RG battery backup unit and an initial backup battery. If there is an ONT at your premises, AT&T will install an initial power supply box and provide an initial backup battery for the Optical Network Terminal power supply box. You hereby agree to be solely responsible for determining when backup batteries for any U-verse Equipment requires replacement and for replacing and recycling used batteries. You agree to read and follow all manufacturer or vendor directions for the replacement and recycling of backup batteries.

AT&T will repair or replace damaged U-verse Equipment as AT&T deems necessary. AT&T reserves the right to manage the U-verse Equipment and retains rights to data generated by the U-verse Equipment. Neither you nor a third party may change, interfere with, or block access to the U-verse Equipment data or settings. AT&T will repair or replace damaged Equipment as AT&T deems necessary.

You understand that repair or replacement of U-verse Equipment may delete stored content, reset personal settings or otherwise alter the functionality of the U-verse Equipment. If the U-verse Equipment is damaged due to your intentional acts or negligence as determined by AT&T, you will be responsible for the price of repair or replacement. Tampering with the U-verse Equipment or attempting to connect the equipment to other hardware, will be treated as damage due to your intentional acts or negligence. You agree that you will use the equipment only for its intended residential use, and not for any other purpose (such as on another AT&T network, or on another provider's (non-AT&T) network).

Upon termination of your Service, for whatever reason, you must return all U-verse Equipment, undamaged, within twenty one (21) calendar days to AT&T. If it is not returned within twenty one (21) calendar days, or is returned damaged, you will be charged for the value of the U-verse Equipment. We may retain any advance payment or deposit, or portion thereof that previously had not been refunded, if you fail to return the U-verse Equipment within this time period. If all U-verse Equipment is returned within six (6) months of termination, any fees charged for such U-verse Equipment will be refunded (other than fees for damages). No refunds will be made for U-verse Equipment returned after six (6) months from termination.

Toll Charges.

AT&T will provide telephone numbers to connect to or register for the Service. Depending on location, local access numbers for dial-up Internet access may not be available in your area. Even access numbers in your area code may result in toll, usage, or long distance charges. Please check with your local phone company to determine whether additional charges apply. You are responsible for selecting the best number for you and for all telephone fees and charges associated with the use of the telephone number you select. In no event will AT&T or Yahoo! be responsible for any telephone fees or charges incurred as a result of the telephone number you select. Use of the Service (or portions thereof) and of specific telephone numbers is subject to change or interruption at the telecommunication company's or at AT&T’s discretion.

Operational Limits; Force Majeure.

Provisioning of the Service is subject to the availability and the operational limitations of the requisite equipment and associated facilities. You understand and agree that temporary interruptions of the Service may occur as normal events in the provision of the Service and that neither AT&T nor Yahoo! are liable for such interruptions. You further understand and agree that AT&T Yahoo! has no control over third party networks you may access in the course of your use of the Service, and therefore, delays and disruptions of other network transmissions are beyond the control of AT&T and Yahoo! In addition, neither AT&T nor Yahoo! will be liable for any failure of performance, if such failure is due to any cause beyond AT&T or Yahoo's reasonable control, including acts of God, fire, explosion, vandalism, nuclear disaster, sun spots, solar flares, terrorism, cable cut, storm, or other similar occurrence, any law, order, regulation, direction, action, or request by any government, civil, or military authority, national emergencies, insurrections, riots, wars, labor difficulties, supplier failures, shortages, breaches, or delays, or suspension of existing Service in compliance with the state and/or federal law, rules and regulations, or delays caused by you or your equipment.

Speed.

If the Service you have purchased is provided within a range of speeds (referred to herein as the "synchronization rate" or "synch rate "), the synch rate is measured between the network interface device at your home and the equipment in the telecommunication carriers' network that provides the broadband functionality. The Service will be provided, if at all, at least at the lowest synch rate speed within the range. There is, however, no guarantee or warranty that actual throughput from the Internet to your computer ("throughput speed") will be at or above the low end of the speed range. If the Service cannot be provided at the lowest synch rate in the range, either you or AT&T may disconnect the Service without a termination charge to you. You will not receive a refund or rebate for the period during which you received the Service. If the Service you have purchased has an "up to " speed range (i.e. synch rate up to 384 Kbps, or up to 1.5 Mpbs), there is no minimum synch rate guarantee and there is no guarantee or warranty that the Service will perform at the upper end of the synch rate range. Throughput speeds associated with some or all features of the Service (e.g., Usenet, email) may be limited at AT&T’s sole discretion, and such limitation will have no effect on whether the minimum speed is met.

Concurrent Use.

1. AT&T Dial. Your AT&T Dial Member Account allows for up to two (2) simultaneous dial-up connections to the Internet. AT&T reserves the right to prohibit any additional simultaneous connections.
2. AT&T High Speed Internet and AT&T High Speed Internet U-verse Enabled. Your AT&T Yahoo! Member Account allows for one broadband connection and one other simultaneous network connection (such as a dial-up line) for a total of two (2) simultaneous network connections to the Internet. AT&T reserves the right to prohibit any additional simultaneous network connections. This policy does not prohibit multiple, private users from connecting to the Internet as allowed under these TOS over the same network connection using customer premise equipment such as a router or home networking equipment. Public Use connections are prohibited. For purposes of these TOS, Public Use means unrestricted, open, communal or shared use by third parties unrelated and/or not affiliated to the Member either for profit or not for profit (referred to herein as "Public Use").

Service Visits.

You will provide AT&T and its subcontractors with reasonable access to your premises in order to install, maintain and repair the Service and you authorize any other adult resident or guest at your residence to grant access to your premises for these purposes. You will be responsible for payment of service charges for visits by AT&T or its subcontractors to your premises when a service request results from causes not attributable to AT&T or its subcontractors. You understand and agree that AT&T may drill, cut, and otherwise alter improvements on the premises (including walls, flooring and/or other surfaces). If your unit is part of a multi-tenant environment (e.g., apartment building, condominium, private subdivision), you warrant that you have obtained the landlord or building manager’s permission to make alterations AT&T deems appropriate for the work to be performed. You acknowledge that AT&T may use existing wiring, including altering the wiring and removing accessories, located within your unit ("Inside Wiring"). You warrant that you own or control the Inside Wiring, and give AT&T permission to use, alter, and remove equipment from, such wiring. If your unit is part of a multi-tenant environment, you acknowledge that AT&T may use existing wiring located outside of your unit ("Outside Wiring"). You also warrant that you have received permission from the landlord or manager of the building to allow AT&T to use the Outside Wiring. You will indemnify AT&T from and against all claims of the landlord or manager in connection with installation, maintenance, repair, or provision of the Service.

IP Addresses.

AT&T High Speed Internet and AT&T High Speed Internet U-verse Enabled Services are provided with either a dynamic Internet Protocol ("IP") address, a static IP address, or multiple static IP address service (as applicable) at AT&T's sole discretion. The dynamic IP address is a single Internet address intended for use with a single Member Account and any associated Sub Accounts. The static IP address or multiple static IP address service is intended for use with a single computer or a network of computer/servers. You may not use the Service in a manner that is inconsistent with these intended uses. Except to the extent that you have selected the technician installation option when ordering Service, AT&T Yahoo! is not responsible for providing support for the installation of any customer premise modem or router with your Service, and in no event will AT&T Yahoo! be responsible for any ongoing maintenance or management of any customer premise modem or router with such Service. AT&T Yahoo! is also not responsible for providing assistance in the configuration of a local area network with your AT&T Yahoo! Service. Primary and secondary domain name service is only provided as part of the static IP address or multiple static IP address service through AT&T Yahoo! DSL. In the event you are assigned a static IP address or multiple static IP addresses, the specific IP address(es) assigned shall be at AT&T's discretion, and AT&T reserves the right to change such IP address assignments at any time.

Alternative Access Technology.

The high-speed transport, over which your Internet access will be provided, may be an alternate technology capable of sync rates (or access speeds) similar to those offered with our AT&T High Speed Internet over DSL lines and AT&T Yahoo! U-verse . If you have purchased such an AT&T High Speed Internet Access service, you will be bound by these TOS, unless otherwise specified in these TOS.

YOUR REGISTRATION OBLIGATIONS

All information that you provide to AT&T Yahoo! must be accurate, including your name, address, credit or charge card numbers and expiration dates and any Service payment information ("Registration Data"). You are responsible for keeping such information up-to-date and must provide changes promptly to AT&T by clicking on the My Account link from http://support.sbcglobal.net/ and to Yahoo! at http://att.yahoo.com/account.

Certain A La Carte Premium Services require a Yahoo! Wallet. If you do not yet have a Yahoo! Wallet, you will be prompted to complete the registration process and provide billing and other information before you can be provided those Premium Services.

Support+ Customer Service.

AT&T Yahoo! provides free basic customer care for Services purchased from AT&T Yahoo! and covered under these TOS. However, AT&T Internet Services also provides customers with a fee-based option for customer service and trouble-shooting associated with issues not related to these Services (e.g. help setting up your computer or troubleshooting problems with certain operating systems). Should you choose to purchase or subscribe to AT&T’s Support+ service, you agree to be bound to the Terms & Conditions located at: www.att.com/supportplus. AT&T reserves the right to change these Terms & Conditions from time to time in its sole discretion, with or without prior notice, by displaying the revised verbiage on www.att.com/supportplus. It is your obligation to periodically review the Support+Terms & Conditions. Your use of the Support+ service following any such change (whether or not such changes are reviewed) constitutes your agreement to be bound by the Terms & Conditions as amended.

CHILDREN

Adult Supervision.

AT&T Yahoo! is concerned about the safety and privacy of all its users, particularly children. For this reason, children under the age of 13 will not be permitted to access the Service unless added as a Sub Account by a Member Account holder who is their legal guardians. When you add your child to your Member Account, in addition to certifying that you are least 18 years old, you are certifying that you are the legal guardian of the child/children you wish to add to your Member Account. By adding a child to your Member Account, you give your child permission to access all services accessible through the Service by children under 13 years of age with parental consent, including email, message boards, clubs, and instant messages (among others). Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the services and/or Content (as defined below) provided through the Service are appropriate for a minor. Minors who access the Service are assumed to have parental or guardian consent before accessing the Service.

Access Controls.

AT&T Yahoo! suggests that you take advantage of the access controls offered through the Service, which allow you, as the Member Account holder, to block access to certain types of web content you may feel are inappropriate for minors through either your Member Account or your Sub Accounts. However, AT&T Yahoo! also recommends that you remain diligent in the supervision of any minors in their use of the Service and the Internet. Access controls provided through the Service are intended as a guide only. Neither AT&T nor Yahoo! nor their licensors can be responsible for any content accessed by you or minors, whether or not you take advantage of the access controls provided through the Service. In addition, neither AT&T nor Yahoo! nor their licensors guarantee the accuracy of such access controls, and you agree that you will not hold AT&T Yahoo! liable for any loss or damage of any kind incurred as a result of the use of such access controls.

Communications with Strangers.

If you allow minors to access AT&T Yahoo! features, please remind them of the dangers involved when corresponding or communicating with strangers or new acquaintances on the Internet (especially in Chat and Newsgroup rooms as well as when using email). It may also be wise to carefully note all Internet pen pals with whom minors frequently correspond.

AT&T AND YAHOO! PRIVACY POLICIES

Registration data and certain other information about you is subject to the respective Privacy Policies of AT&T and Yahoo! For more information, see http://att.yahoo.com/privacy

ACCOUNT SECURITY

Member Duty.

You will receive a password and Member ID upon completing the Service registration process. You agree to keep confidential all passwords, IP addresses, and computer names and are solely responsible for any liability or damages resulting from your failure to maintain that confidentiality. You are also solely and fully responsible and liable for all activities that occur under your password, Member ID or IP address. You agree to do all of the following: (a) immediately notify AT&T and Yahoo! if you suspect any breach of security such as loss, theft, Public Use or unauthorized disclosure or use of your Member Account or Sub Account, password, Member ID, or any credit or charge card number provided to AT&T Yahoo! by calling 1-866-722-3425 for AT&T Dial subscribers, 1-877-722-3755 for AT&T High Speed Internet subscribers, and 1-800-ATT-2020 for AT&T High Speed Internet U-verse Enabled subscribers; (b) ensure that you exit from your account at the end of each session; and (c) periodically change your password.

Member Responsibility.

You are responsible for all use of the Service under the membership and for all fees and charges associated with or incurred under the membership, whether by the Member Account or Sub Accounts.

Assumption of Risk.

There is a risk that other users may attempt to access your computer through the Internet or connected networks. You acknowledge this risk as inherent to the shared nature of the Service and you agree to take full responsibility for taking adequate security precautions and safeguarding your data from loss.

Theft of AT&T Equipment or Service.

You agree to notify AT&T immediately, in writing or by calling the AT&T customer support line, if the U-verse Equipment is stolen or if you become aware at any time that Services are being stolen or fraudulently used. When you call or write, you must provide a detailed description of the circumstances of the theft, including documentation of theft or fraudulent use of the U-verse Equipment or Services (such as a copy of a police report). You will be responsible for all charges incurred until you report the theft or fraudulent use. You will be responsible for stolen U-verse Equipment, however, AT&T may in its sole discretion waive or reduce charges upon submission of documentation of theft or other circumstances. Failure to provide notice to AT&T of theft in a timely manner may result in the termination of your Services and additional charges to you. Unless notified otherwise by AT&T, after you report the theft or fraudulent use of the Services, you will remain responsible for paying your monthly fees for Services not stolen or fraudulently used.

FEES

Agreement to Pay.

You agree to pay all fees and charges specified when you ordered your Service, including recurring and nonrecurring charges, taxes, fees and assessments applicable to the Service and the associated equipment (including but not limited to applicable installation and termination charges). In order to provide you with the Service, AT&T may pay taxes, fees and surcharges to municipalities and other governmental entities, which AT&T may pass on to you.

Commencement of Billing.

Billing for the Service commences when AT&T provisions your Service whether or not you register or use the Service. When billing commences, you will be billed for your first thirty (30) days of service and for applicable installation charges and equipment charges (including shipping and handling). Recurring charges for each month's Service will then be billed one month in advance. Billing is based on a 30-day billing cycle. If you are a AT&T High Speed Internet Member and terminate your Service within the first thirty (30) days your charge will not be pro-rated (does not apply to AT&T High Speed Internet U-verse Enabled Members). If you terminate after your first thirty (30) days, you will be charged for the pro-rated number of days for which you had service in that billing cycle, and will receive a credit for the remaining balance.

Credit Card Authorization.

You may be asked to provide us with a credit card number from a card issuer that we accept in order to activate your Service. You hereby authorize AT&T to charge and/or place a hold on your credit card with respect to any unpaid charges for Services or any related equipment. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these TOS are to be accepted as authorization to the issuer of the credit card to pay all such amounts. You authorize AT&T and/or any other company who bills products or services, or acts as billing agent for AT&T to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full. You agree to provide AT&T with updated credit card information upon AT&T’s request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither AT&T nor any AT&T affiliated company will have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number. In the event you are enrolled, or later enroll, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at AT&T's option, to the account number provided for such automatic payment or electronic funds transfer plan.

Method of Payment.

Your basic membership fees may be billed to your AT&T billing account or charged to a charge card or a credit card. Credit card billing is not available for AT&T High Speed Internet service without an accompanying voice line. Additional fee services that are not included with your basic membership fee will be charged (by Yahoo!) to your charge card, credit card or Yahoo! Wallet. By authorizing AT&T or Yahoo! to charge a credit or charge card, charge your Yahoo! Wallet, debit your account at your financial institution, or bill charges to your AT&T billing account, you are authorizing AT&T, Yahoo! or their respective designated representatives or agents to automatically continue charging that card (or any replacement credit card account if the original card is renewed, lost, stolen, or changed for any reason by the credit-issuing entity, and such entity informs AT&T or Yahoo! of such new replacement card account), financial account, or billing account for all fees and charges associated with your membership.

Advance Payments And/Or Deposits.

We may require you to make deposits or advance payments for Service, which we may use to satisfy your initial bill for Service, to offset against any unpaid balance on your account, or as otherwise set forth in these TOS or permitted by law. Interest will not be paid on advance payments or deposits unless required by law. We may require additional advance payments or deposits if we determine that the initial payment was inadequate. Based on your creditworthiness or for other reasons, we may establish limits and restrict service or features as we deem appropriate. If your account balance goes beyond the limit we set for you, we may immediately interrupt or suspend service until your balance is brought below the limit. Any charges you incur in excess of your limit become immediately due. Upon determination solely by AT&T of satisfactory payment history or as required by law, AT&T may begin refunding of the deposit or advance payment through bill credits, cash payments, or as otherwise determined solely by AT&T.

Online Billing for AT&T U-verse Enabled Members.

You will receive an online bill for AT&T High Speed Internet U-verse Enabled, unless you specifically notify us that you want to receive a paper bill for your U-Verse services at the following number 1-800-ATT-2020. You must register online to establish a personal AT&T My U-verse Account and provide a billing email address. You will then be able to view and pay your bill online by logging on to your personal AT&T My U-verse Account (username and password required).

You understand that you have sole responsibility for the security of your password and you are solely responsible for notifying AT&T if your password is lost or stolen. AT&T is not liable for any claims, costs, damages, or expenses arising from a lost, misplaced, or stolen password. If you have forgotten your password or want to change your password for any reason, you may request to reset your password online. It is your responsibility to notify AT&T immediately if your contact information changes.

Bundled Product Offering.

If you purchased the Service as part of a bundled offering with one or more other products, including but not limited to EchoStar DISH Network, AT&T U-verse TV or other U-verse services, AT&T local telephone service and features, AT&T Long Distance and Wireless from AT&T and are receiving a discount based upon that bundled offering, your discount may cease and you may be billed the standard monthly rate for the Service if you disconnect one or more of the services in the bundle.

Late Payment.

Except for the installation charge, charges for equipment (including shipping, handling and taxes), which are billed after service commences, and the first month's recurring charge, all other charges are billed in advance of providing the Service. If any portion of payment is received after the late payment date, a monthly late charge may be charged to you. The monthly late charge will be administered according to standard AT&T billing procedures and will not exceed the highest amount allowed by law. The late charge will be applied to the entire outstanding balance for each month or portion thereof for which the balance remains unpaid.

Other Charges; Failure to Pay.

In the event you fail to pay charges, AT&T is unable to bill you, or AT&T is unable to bill outstanding sums for the Service to your credit card or apply to a deposit or advance payment; AT&T reserves the right to bill outstanding sums to your credit card or to your AT&T billing account or to send an invoice directly to you. AT&T may assign unpaid late balances to a collection agency for appropriate action. In the event legal action is necessary to collect on balances due, you agree to reimburse AT&T for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses. You also agree to pay all current charges for the Service as well as taxes and fees assessed against you or AT&T Yahoo! on the charges and all late payment, interest or other fees as stated on your bill. You will also be charged a fee for any check returned to AT&T Yahoo! relating to the Service. AT&T Yahoo! or AT&T may modify its billing practices or late payment charges by providing you with prior written notice of the modification.

Service Suspension/Termination.

Your service may be suspended or terminated if your payment is past due, if you violate the Acceptable Use Policy; or if you provide false or inaccurate information that is required for the provision of Service or is necessary to allow AT&T to bill you for Service. Billing will continue for your monthly charges while you have suspended service. If you are an AT&T High Speed Internet U-verse Enabled subscriber with suspended Service, you will be charged a fee to restore such suspended Service.

Changing Method of Payment.

Charges for AT&T High Speed Internet may only initially be billed to your AT&T telephone bill. If you bill your charges to your AT&T Telephone Company telephone number, you may receive a special or discounted price for the Service. Changing your method of payment may cause the price of your Service to increase. Please read the terms of the offer under which you enrolled or call Customer Service at 1-866-722-3425) for AT&T Dial subscribers or 1-877-722-3755 for AT&T High Speed Internet subscribers, before you change your method of payment.

Fees & Charges.

AT&T Yahoo! may, upon notice required by applicable laws, at any time change the amount of or basis for determining any fee or charge or institute new fees or charges. These new fees or charges will be implemented, in the case of a month-to-month Member, at the commencement of the next billing cycle after the change is effective, or in the case of a term Member, at the end of the term. All fees and charges are payable in accordance with billing terms in effect at the time the fee or charge becomes payable. If you signed up for service for a specified Term, AT&T Yahoo! will automatically charge applicable month-to-month rate after the conclusion of your Term. Unless otherwise stated, all amounts are in U.S. Dollars.

Bill Inquiries and Refunds.

If you believe you have been billed in error for the Service, please notify us within 60 days of the billing date by contacting Customer Service about the error. Customer Service can be reached at 1-866-722-3425 for AT&T Dial subscribers, 1-877-722-3755 for AT&T High Speed Internet subscribers, 1-800-ATT-2020 for AT&T High Speed Internet U-verse Enabled subscribers. AT&T Yahoo! will not issue refunds or credits after the expiration of this 60-day period, except where required by law or regulation.

If you believe you have been billed in error for supplemental access charges or other phone company charges, please contact your local AT&T Telephone Company. If you believe you have been billed in error for charges for Yahoo! A La Carte Premium Services or extra fee features not included with your basic membership fee, please contact Yahoo! within sixty (60) days of the billing date at (408) 349-5151.

Security Payment and Refunds.

You may be asked to provide a deposit when you order the Service. Upon termination or cancellation of your service and there are unpaid amounts in your account or you owe an early termination fee, the deposit will be used to pay the outstanding amount due. Where your internet service is billed on your telephone bill, you agree that your local AT&T telephone company can apply the deposit to any outstanding charges owed on the telephone bill, before the deposit is returned to you. The remaining deposit will be returned to you by check via U.S. mail.

Cancellation.

A Member who enrolls in a pre-paid annual membership plan may cancel his or her membership but will only be entitled to a refund as and if permitted under the terms and conditions of that plan. If you enrolled in a commitment term plan with AT&T Yahoo!, you may cancel your plan before the end of your commitment term, but you may be subject to early cancellation fees and/or service fees (collectively "Termination Charges") associated with that plan.

Free Trials.

If you are a Member who has enrolled in the Service as part of a "FREE" trial offer, please note that unless otherwise indicated by the specific offer, your free trial time must be used within one month of your enrollment in the Service. To avoid being charged for additional service, Members must cancel their membership before the end of that first month by calling the telephone number provided with the offer or 1-866-722-3425 for AT&T Dial subscribers or 1-877-722-3755 for AT&T High Speed Internet subscribers. You are responsible for phone company charges to access the Service, service charges and supplemental access fees even during the "FREE" trial period.

Basic Telephone Service.

If you have AT&T basic telephone services -- such as Measured Business service or Residential service - these services will not be disconnected for nonpayment of charges for the Service. However, AT&T may suspend your Member ID or discontinue the Service if charges are not paid which will result in the permanent loss of your Member ID. If you have AT&T telephone service and your Service is cancelled as a result of your basic telephone service being disconnected for any reason, including non-payment for your basic telephone service, you may be subject to Termination Charges.

Telecommunication Charges.

You are responsible for purchase and payment of network services (transport) needed for use of the Service. Any long distance, measured service or toll charges incurred by you to dial into the Service during your use of the Service will be your sole responsibility.

MEMBER CONDUCT

You agree that you will NOT use the Service to:

1. upload, post, email, transmit or otherwise make available any Content (as defined below) that is unlawful, harmful, threatening, abusive, harassing, tortious, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including but not limited to an AT&T or Yahoo! official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
10. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
11. intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
12. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
13. "stalk" or otherwise harass another; or
14. collect or store personal data about other users.

Attempts to Break Security.

Acceptable Use Policy.

INTERSTATE NATURE OF COMMUNICATIONS ON YAHOO! AND AT&T NETWORK

When you register with the Service, you acknowledge that in using certain services to send electronic communications (including but not limited to email, search queries, sending messages to AT&T Yahoo! Chat or AT&T Yahoo! Groups, uploading photos and files to AT&T Yahoo! Photos or AT&T Yahoo! Briefcase, and other Internet activities), you will be causing communications to be sent through Yahoo!'s and AT&T's computer networks, portions of which are located in California, Texas, Virginia, and other locations in the United States and portions of which are located abroad. As a result, and also as a result of Yahoo!'s and AT&T's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to these TOS, you acknowledge that use of the Service results in interstate data transmissions.

SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

Assumption of Risk.

Limitation of Liability.

Removal of Content.

Preservation of Content.

Changes to Content.

Grant of License.

1. With respect to Content you submit or make available for inclusion on publicly accessible areas of Yahoo! Groups, you grant AT&T and Yahoo! the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific Yahoo! Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Yahoo! removes such Content from the Service.
2. With respect to photos, graphics, audio or video you submit or make available for inclusion on any publicly accessible area of the Service other than Yahoo! Groups, you grant AT&T and Yahoo! the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Yahoo! removes such Content from the Service.
3. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than Yahoo! Groups, you grant AT&T and Yahoo! the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

Publicly Accessible Areas.

"Publicly accessible" areas are those areas of the Service that are intended by AT&T Yahoo! to be available to the general public. By way of example, publicly accessible areas of the Service would include Yahoo! Message Boards and portions of Yahoo! Groups that are open to both Members and visitors. However, publicly accessible areas of the Service would not include portions of Yahoo! Groups that are limited to Members, Yahoo! services intended for private communication such as Yahoo! Mail or Yahoo! Messenger, or areas off of the Service.

Digital Millennium Copyright Act.

AT&T Yahoo! may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act, and you expressly authorize AT&T Yahoo! to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you.

INDEMNITY

You agree to indemnify and hold Yahoo!, AT&T and their subsidiaries, affiliates, officers, agents, co-branders, licensors or other partners and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of these TOS, your violation of the AUP or your violation of any rights of another.

You acknowledge that you are responsible for all use of the Service using your account, including use by Sub Accounts, and that these TOS, the Acceptable Use Policy and Privacy Policy, as amended from time to time, apply to any and all usage of your account, including use by Sub Accounts. You agree to abide by these terms and you agree to defend, hold harmless and indemnify AT&T Internet Services and Yahoo! from and against any and all claims stemming from usage of this account and any Sub-Account - whether or not such usage is expressly authorized by you.

RESTRICTIONS ON USE AND PROHIBITION OF RESALE

No Resale.

The Service is provided for your use only (unless otherwise specifically stated) and you agree not to reproduce, duplicate, copy, sell, transfer, trade, resell or exploit for any commercial purposes your membership in the Service, any portion of the Service, use of the Service, or access to the Service, including, but not limited to, reselling capabilities enabled or used by a specific application (including, without limitation, Voice Over Internet Protocol (VOIP)). All aspects of the Service, except that portion provided by third party providers, is copyrighted and property of AT&T and/or Yahoo! as applicable. The Service is intended for access to and use of electronic mail, Usenet newsgroups, Internet relay chat, the Internet and any other proprietary or non-proprietary services that AT&T Yahoo! makes available to its Members.

Restricted Use.

You agree not to permit anyone else to use your Member Account and that each Sub Account may only be used by one member of your household or business. You agree that the Service is not to be used to host peer-to-peer applications that you are not actively using. You agree that the Service is not to be used to trunk or facilitate public internet access ("Hotspots") or any other Public Use of the Service, except for FreedomLink.

GENERAL PRACTICES REGARDING USE AND STORAGE

Community.

AT&T Yahoo! provides the Service to you as an individual as well as to the community of Service Members. In order to provide an accessible network for all, Members are expected to act as part of that community. High levels of activity on the Service reflect uses not in keeping with community objectives. Inappropriate uses of the Service include but are not limited to the use of the Service on an inactive basis, that is keeping your account active and online with AT&T's (or its affiliate's) network without your actual interaction with or use of the Web browsing, interactive features, or email services provided by or through AT&T Yahoo!; continuous and sustained excessive account activity; and the use of methods or automated programs to defeat systems that limit inactivity. Due to violations of community objectives through such or other inappropriate uses, AT&T Yahoo! may do one or all of the following: seek a clarification of your activity patterns; automatically disconnect your session for such violations or for a period of inactivity, which period will be within AT&T Yahoo!'s sole discretion; or cancel your Member Account.

General Practices & Limits.

You also acknowledge that AT&T Yahoo! may establish general practices and limits concerning use of the Service, including without limitation, limiting the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service; the maximum number of email messages that may be sent from or received by an account on the Service; the maximum size of any email message that may be sent from or received by an account on the Service; the maximum disk space that will be allotted on Yahoo!'s servers on your behalf; the maximum length of time that an IP address will be assigned for your use; the maximum throughput of traffic from the Internet or associated service (e.g., Usenet, email, web hosting) and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that neither AT&T nor Yahoo! have responsibility or liability for the deletion, for failure to store or to deliver any messages and other communications, for the modification or malformation of data communications over the Service, or for other Content maintained or transmitted by the Service. You acknowledge that AT&T Yahoo! reserves the right to log off accounts or disconnect sessions that are inactive for an extended period of time. You further acknowledge that AT&T and Yahoo! reserve the right to change these general practices and limits at any time without advance notice.

Unsolicited Email.

You are expressly prohibited from sending the same or substantially similar unsolicited electronic mail message, whether commercial or not, to one hundred (100) or more recipients, and from posting to a newsgroup, bulletin board, or message board, the same or substantially similar unsolicited note, whether commercial or not, ten or more times per day through the use of the Service, AT&T Yahoo!'s equipment, or in connection with any AT&T Yahoo! email address, AT&T Yahoo! domain name, or any AT&T Yahoo! trademark or service mark. For each day that this provision is violated, AT&T Yahoo! may assess a charge of $50.00 per day for unintentional violations and $500.00 per day for deliberate or repeated violations. Neither AT&T Yahoo!'s demand, nor payment of these charges, will prevent AT&T Yahoo! from terminating your Member Account (or any Sub Account connected to your Member Account) or pursuing other legal remedies AT&T Yahoo! may have at law or in equity, including, without limitation, a lawsuit for monetary damages or obtaining an injunction or other forms of equitable relief. AT&T Yahoo! will not be liable for its failure to enforce this restriction. Further, failure to enforce this restriction in one or more instances will not constitute a waiver of any or all of AT&T Yahoo!'s rights to enforce this restriction with respect to subsequent violations.

MODIFICATIONS TO SERVICE

AT&T Yahoo! reserve the right to modify or discontinue, temporarily or permanently, at any time and from time to time, the Service (or any function or feature of the Service or any part thereof) with or without notice. Should the technology become available, AT&T and its affiliates reserve the right to provision your Service over a different access technology and may do so without notice if such change(s) will not negatively impact the speeds for which you signed up or require new customer premise equipment. Without limiting the foregoing, AT&T Yahoo! may post, or email, notices of changes in the Service. It is your responsibility to check our website and your AT&T Yahoo! email address for any such notices. You agree that neither AT&T nor Yahoo! will be liable to you or to any third party for any such modification, suspension or discontinuance of the Service.

TERM AND TERMINATION

Termination for Cause.

Third Party Termination.

If you have obtained the Service from a third party, your right to use the Service may be cancelled or suspended by such third party without notice from AT&T Yahoo!. If you receive the Service as part of consolidated billing plan, the consolidated billing account owner may terminate your use of the Service and may access or reassign such account, including any stored email thereon, to another Member.

Use Limitation.

AT&T Yahoo! respects freedom of expression and believes it is a foundation of our free society to express differing points of view. AT&T Yahoo! will not terminate, disconnect or suspend service because of the views you or we express on public policy matters, political issues or political campaigns. AT&T Yahoo! reserves the right to suspend or terminate your Service or to suspend or terminate any Member ID, electronic mail address, IP address, Universal Resource Locator or domain name used by you in the event it is used in a manner, which (i) constitutes violation of any law, regulation or tariff (including, without limitation, copyright and intellectual property laws); (ii) is fraudulent, obscene or deceptive; (iii) is intended to threaten, harass or intimidate; ;(iv) violates the resale or restrictions on use provisions of this agreement or the AT&T Acceptable Use policy, which may be amended from time to time, interferes with other Members' use and enjoyment of the Services provided by AT&T and Yahoo!.

Termination - Legal Event.

In the event a ruling, regulation or order issued by a judicial, legislative or regulatory body causes AT&T Yahoo! to believe that these TOS and/or the Service provided hereunder may be in conflict with such rules, regulations and orders, AT&T Yahoo! may suspend or terminate the Service, or terminate these TOS without liability. In the event AT&T Yahoo! cannot arrange for reasonably comparable Service within a reasonable period of time (not less than 45 days) following such ruling, regulation or order; AT&T Yahoo! may thereafter permanently terminate the Service and/or these TOS without liability.

Termination - Sub-contractor or Vendor Event.

In the event an AT&T Yahoo! subcontractor or vendor for the material features of the Service stops providing the Service (or any material features thereof) to AT&T Yahoo! for any reason, AT&T Yahoo! will have a reasonable opportunity to arrange for alternative subcontractors or vendors to continue the provision of the Service. In the event that AT&T Yahoo! cannot arrange for reasonably comparable Service within a reasonable period of time (not less than 45 days) following such sub-contractor or vendor event, AT&T Yahoo! may thereafter permanently terminate the Service and/or these TOS without liability.

Termination for Default.

If you fail to pay any charge when due, including but not limited to installation charges, line service charges or taxes, or if you provide false or inaccurate information that is required for the provision of the Service or is necessary to allow AT&T Yahoo! to bill you for the Service, and such condition continues un-remedied for fifteen days, you will be in default and AT&T Yahoo! may suspend your Service and Member ID or terminate the Service, and Termination Charges may apply. Upon termination of the Service, your Member ID will be permanently lost.

Term and Termination for Convenience.

You agree to the specified term set forth in the promotional offer under which you purchased the Service, and to the Termination Charge if your Service is cancelled or terminated prior to the expiration of the term. In the absence of a specified term, the term for your Service will be month-to-month. At the end of the promotional term, the Service shall convert to a month-to-month term at the then-current month-to-month rates.

Contacts to Terminate Service:

For AT&T Dial subscribers: 1-866-722-3425; for AT&T High Speed Internet subscribers: 1-877-722-3755; for AT&T High Speed Internet U-verse Enabled: 1-800-ATT-2020.

Termination Due to Loss of Line Sharing.

AT&T High Speed Internet may be delivered over a retail telephone line provided by a telecommunications carrier through the use of DSL transport services (a process known as "line sharing"). If you change your provider of telephone service on the line that is used to provide the Service, add a feature or functionality to the line that is incompatible with the provision of DSL transport service on the line, or you terminate the telephone line, or if the telephone line is terminated by the provider for any reason; your DSL Service will be discontinued, unless you request to subscribe to AT&T High Speed Internet service without a voice line at the then current rate for the service. If you do not elect to do so and your DSL Service is discontinued, you will be responsible for any applicable Termination Charge. Termination charges do not apply if you convert your DSL Service to AT&T High Speed Internet service without a voice line. AT&T is under no obligation to request a new telephone line or arrange for the line to be conditioned to support the DSL transport service.

DSL Transport Provided by Other Carriers.

Some AT&T High Speed Internet Service on DSL lines may be provided by other companies. In such event, AT&T and Yahoo! remain responsible for providing the Service to you. If you change your provider of telephone service so that an AT&T Telephone Company is no longer providing you any service, these TOS for SDSL or IDSL Service will terminate at AT&T Yahoo!'s option and applicable early termination charges will apply.

Termination Charge for AT&T High Speed Internet .

If you purchased your Service for a specified term, your plan may provide for the waiver of various fees associated with the initiation of your Service and/or a reduction in the current monthly charge. Alternatively, if you decide to cancel your Service before the expiration of your term, you agree to pay a Termination Charge. This Termination Charge will also apply if your Service is discontinued, terminated or cancelled by AT&T Yahoo! due to your violation of these TOS, the Acceptable Use Policies, your failure to pay for these Services, or if Service is discontinued due to loss of line sharing. For Members signing up for term commitments on or after November 1, 2005, a $99 Termination Charge shall apply. Members who signed up for term commitments prior to November 1,2005, will be subject to the Termination Charge applicable on the date their service was ordered.

Access to Yahoo! After Termination.

Upon termination of your Service, you will no longer have access to the Yahoo! network using your Member ID. If you combined your Yahoo! ID with a Member ID, after termination of the Service you will not be able to access the Yahoo! account provisioned under your combined Yahoo! ID unless you close your Member ID (your Member ID will be closed automatically no fewer than 60 days after your Service account termination). If you did not combine a Yahoo! ID with your Member ID, after termination of the Service you will be given the option to transfer some of your Member account information (e.g. email, calendar, address book) to a standard Yahoo! account by creating a new Yahoo! ID. For at least 90 days after termination of the Service, you will be given the option to close your Member ID and, if applicable, to transfer certain account information to a new Yahoo! ID when you log in to Yahoo! at any Yahoo! "sign in" opportunity (including, http:// att.yahoo.com ) using your Yahoo! ID or Member ID. For users with a combined Yahoo! ID, once your Member ID is closed you may use your Yahoo! ID to access the Yahoo! account provisioned under the combined Yahoo! ID. For users with no combined Yahoo! ID and just a Member ID, if you fail to transfer your Member account information, you will no longer be able to access any of your Member account information. If you continue to access a Yahoo! account through a different Internet access provider after your Service account is terminated, then your use of your Yahoo! account after that time will be subject to the Yahoo! Terms of Service at http://docs.yahoo.com/info/terms/.

Note: Sub-accounts with a combined Yahoo! ID may be able to access the Yahoo! account provisioned under their combined Yahoo! ID when the Member ID of the Member Account holder is closed. After the Member ID of the Member Account holder is closed, Sub-Accounts who do not have a combined Yahoo! ID will not be able to transfer any of their Member account information to a new Yahoo! ID. Therefore, Sub-Account holders who wish to elect to transfer should make the election before the Member ID of the Member Account holder is closed.

Retention.

AT&T Yahoo! has no responsibility for retaining or delivering private emails that are located in a Member's email inbox at the time of that Member's suspension or termination, or that are addressed to such Member thereafter. After a Member's suspension or termination, AT&T Yahoo! has no responsibility for retaining any data with respect to such Member, including without limitation address book, briefcase, or preference data.

DEALINGS WITH ADVERTISERS AND THIRD PARTIES

Advertising.

Dealings with Advertisers.

Your correspondence or business dealings with or participation in promotions of advertisers found on or through the Service, including payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings are solely between you and such advertiser. You agree that AT&T Yahoo! will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

Third Parties.

If you are receiving Service as part of an agreement between you and a third-party whom AT&T Yahoo! has authorized to distribute or resell all or a portion of the Service, AT&T Yahoo! is not responsible for or bound by the terms of any agreement you may have with that third-party.

LINKS

The Service or third parties may provide links to other World Wide Web sites or resources. Because AT&T Yahoo! has no control over such sites and resources, you acknowledge and agree that neither AT&T nor Yahoo! is responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that neither AT&T nor Yahoo! will be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

AT&T YAHOO!'S PROPRIETARY RIGHTS

No Conveyance.

Nothing contained in these TOS may be construed to convey to you any interest, title, or license in the Member ID, email address, Universal Resource Locator, IP address, or domain name used by you in connection with the Service.

Acknowledgment of Third-Party Rights.

You acknowledge and agree that the Service and the Software (as defined below) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by AT&T, Yahoo! or advertisers; you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software in whole or in part.

SOFTWARE

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. YOUR USE OF THE SERVICE AND/OR SOFTWARE IS AT YOUR SOLE RISK. THE SERVICE AND/OR SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AT&T, YAHOO! AND THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. AT&T, YAHOO! AND THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE AND/OR SOFTWARE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE AND/OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE (FOR EXAMPLE BUT WITHOUT LIMITATION, AT&T YAHOO! DOES NOT WARRANT THAT YOU WILL ALWAYS RECEIVE EMAILS ADDRESSED TO YOU), (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE AND/OR SOFTWARE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE AND/OR SOFTWARE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE AND/OR SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE/AND OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AT&T YAHOO! OR THROUGH OR FROM THE SERVICE AND/OR SOFTWARE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TOS.
5. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER AT&T NOR YAHOO! NOR THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AT&T OR YAHOO! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE AND/OR SOFTWARE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE AND/OR SOFTWARE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE AND/ OR SOFTWARE; (e) FAILURE TO INSURE THE COMPATIBILITY OF YOUR SYSTEM (I.E., THE EQUIPMENT, DEVICES, AND SOFTWARE THAT YOU PROVIDE TO RECEIVE THE SERVICE) WITH THE SERVICE AND/OR SOFTWARE, OR (f) ANY OTHER MATTER RELATING TO THE SERVICE AND/OR SOFTWARE.

YOUR SOLE REMEDY AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH AT&T OR YAHOO! IN CONNECTION WITH THE SERVICE AND/OR SOFTWARE IS THE CANCELLATION OF YOUR MEMBERSHIP AS PROVIDED IN THESE TOS.

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 22 AND 23 MAY NOT APPLY TO YOU.

SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS

If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 22 and 23 again. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. AT&T, Yahoo! and their licensors will not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and will not be responsible or liable for any trading or investment decisions made based on such information.

NOTICE

Unless otherwise specified in these TOS, notices to you may be made via either email or regular mail. AT&T Yahoo! may also provide notices of changes to these TOS or other matters by sending email, displaying notices or links to notices to you generally on the Service, or by posting material on http://att.yahoo.com. It is your responsibility to check the AT&T Yahoo! website and your AT&T Yahoo! email for such notices.

Unless otherwise specified in these TOS, notices by Members to AT&T and Yahoo! must be given by calling: for AT&T Dial subscribers: 1-866-722-3425, for AT&T High Speed Internet subscribers: 1-877-722-3755, and for AT&T High Speed Internet U-verse Enabled subscribers (1-800-ATT-2020); LEGAL NOTICES must be given by letter delivered by first class US mail to AT&T Yahoo!, PO Box 204089, Austin, Texas 78720-4089.

TRADEMARK INFORMATION

The YAHOO!, Yahoo! logo, YAHOO! (in Chinese Characters), YAHOOLIGANS!, Yahooligans! logo, Jumpin' Y Guy logo, DO YOU YAHOO!?, Y!, Y! logo, MY YAHOO!, Y! and Star logo, YAHOO! YODEL, YAHOO! EVERYWHERE, YAHOO! GROUPS, YAHOO! MAIL OUTPOST, YAHOO! VISION, Eyeballs logo, 12 DAYS OF GIVING, 1800MYYAHOO, ACCENTRIC, BETTER JOBS FOR A BETTER LIFE, BINGO, BROADCAST.COM, CAMP YAHOO!, CORPORATE YAHOO!, CYBERSET, EGROUPS, FANTASY CAREERS, FOR ALL THAT SURFING YOU NEED THE RIGHT BOARD, FORTIFIED WITH YAHOO!, FUTUREBUILDER, GAMEPROWLER, GameProwler logo, GEOCITIES, GeoCities logo, GEOCITIES (in Chinese Characters), GET LOCAL, Hexagon Design, HOPE FOR THE HOLIDAYS, HOTJOBS, HOW DO YOU MOVE YOUR MONEY?, HUMAN COUPON, IMVIRONMENTS, INKTOMI, INTERNET AT THE SPEED OF YOU, INVOLVEMENT BRANDING, IPO ROW, JT'S BLOCKS, LIVING ROOM ACTIVE, MATCHCAST, NAVAL COMMAND, PERMISSION MARKETING, PERSONAL EDGE, PERSONAL NOTES HOSTED BY DAVE KOZ, RESLEX, RESUMIX, ROCKETMAIL, SAFETY SHIELD, SCALING THE INTERNET, SHOPFIND, SOFTSHOE, SPORTSTREAM and Design, Star Design, STATTRACKER, THE BIG PICTURE, THE EXPERIENCED PROFESSIONAL'S JOB BOARD, THE ORIGINAL TEXAS YA-HOO CAKE CO. and Design, THE WEB'S HOTTEST JOBS, TOKI TOKI BOOM, TRAFFIC CONTROLLER, TRAFFIC SERVER, TURN IT ON, VALUELAB, VIVASMART, WEB CORPS, Web Corps logo, WORD RACER, WORDAHOLIC, WORKWORLD, WWW.HOTJOBS.COM, YEF, and YOUR HOME ON THE WEB trademarks and service marks, and other Yahoo! logos and product and service names, are each trademarks of Yahoo! Inc. (the "Yahoo! Marks"). Without Yahoo! 's prior written permission, you agree not to display or use in any manner, the Yahoo! Marks.

AT&T and the AT&T logos and all other AT&T brands, logos and product and service names (" AT&T Marks") are registered trademarks or trademarks of AT&T Knowledge Ventures, L.P. Any use of AT&T Marks is prohibited without permission of AT&T Knowledge Ventures, L.P.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

AT&T Yahoo! respects the intellectual property of others, and we ask Members to do the same. AT&T Yahoo! may terminate the Service of any Member found to have infringed the copyrights of others and, in such a case, Termination Charges may apply.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

The Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:

		Copyright Agent
		c/o Yahoo! Inc.
		701 First Avenue
		Sunnyvale, CA 94089
		By phone: (408) 349-5080
		By fax:  (408) 349-7821
		By email: copyright@yahoo-inc.com 
		
		Manager of Security & Copyright Infringement
		1800 Perimeter Park Drive, Suite 100
		Morrisville, NC 27560
		Phone: (919) 319-5737
		Fax: (919) 319-8154
		E-mail: copyright@att.com 

	

GENERAL INFORMATION

These TOS, any other policies or guidelines referenced herein and the terms set forth in any promotional offer for the Service constitute the entire agreement between AT&T Yahoo! and you. These TOS govern your use of the Service, superceding any prior agreements between you and Yahoo! or AT&T with respect to the subject matter of these TOS. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Yahoo!, AT&T or affiliate services, third-party content or third-party software. These TOS and the relationship between you and AT&T Yahoo! will be governed by the laws of the State of California without regard to its conflict of law provisions. You and AT&T Yahoo! agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California. The failure of AT&T Yahoo! to exercise or enforce any right or provision of these TOS will not constitute a waiver of such right or provision. If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these TOS remain in full force and effect. You agree that, except as otherwise expressly provided in these TOS, there shall be no third party beneficiaries to this agreement. You agree that your Yahoo! account is non-transferable and any rights to your Yahoo! I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles and paragraph headings in these TOS are for convenience only and have no legal or contractual effect.

VIOLATIONS

To report violations of these TOS, please go to: http://help.sbcglobal.net/servabuse.php, or e-mail us at: abuse@sbcglobal.net.