Yahoo! GeoCities Plus Additional Terms
1. ACCEPTANCE OF YAHOO! TERMS
Welcome to Yahoo! GeoCities Premium Services ("Premium Services"). Your use of Premium Services is subject to these Additional Terms that supplement the Yahoo! GeoCities Terms of Service ("GeoCities TOS") hereby incorporated by reference. To the extent that these Additional Terms are inconsistent with the GeoCities TOS, these Additional Terms will prevail. Yahoo! reserves the right to update and change, from time to time, these Additional Terms and all documents incorporated by reference. You can always find the most recent version of these Additional Terms at http://docs.yahoo.com/info/terms/geoplusterms.html and the most recent version of the GeoCities TOS at the URL indicated above (http://docs.yahoo.com/info/terms/geoterms.html).
2. DESCRIPTION OF SERVICE
Yahoo! GeoCities Plus package ("GeoCities Plus") provides Yahoo! users the ability to create a web site with increased functionality. In addition to features already offered on Yahoo! GeoCities, the Plus package offers several premium features. Your site will be free of advertising, have increased data transfer, greater storage space, and remote loading. Please note that the GeoCities Pro package is subject to different additional terms. The Pro offering can be found on the GeoCities Premium Web Sites page.
3. YAHOO! ID AND YAHOO! WALLET REQUIREMENT
To create a web site with GeoCities Plus, you must have a valid Yahoo! ID and have agreed to the Yahoo! Terms of Service found at http://docs.yahoo.com/info/terms/. You must also have a Yahoo! Wallet, which will save your credit card, billing and shipping information and other information ("Registration Data"). If you do not have a Yahoo! ID or a Yahoo! Wallet, and wish to create a GeoCities Plus account, you will be prompted to complete the registration process for them before you can pay for GeoCities Plus. Click here for more information on Yahoo! Wallet.
4. PAYMENT TERMS
4.1 Monthly Billing
The credit card that you provide as part of your Registration Data for Yahoo! Wallet will automatically and immediately be billed. All currency references are in U.S. dollars. Please note, unless Yahoo! gives notice to the contrary, payment for GeoCities Plus is billed on a monthly basis and is non-refundable.
4.2 Setup Fee
When you register for GeoCities Plus you will be charged a one-time non-refundable setup fee.
4.3 Data Transfer Fee
If you choose the automatic billing option for extra data transfer for your GeoCities Plus package and you go over your package allotment, you will be billed automatically for each extra transfer rate increment. You will not be refunded for the extra data transfer in that increment that you did not use. If you do not choose automatic billing at registration, and you use up all your data transfer capability in any given month, you can go back to your options settings and opt in to automatic billing. You may opt out of automatic billing for extra data transfer at any time.
4.4 Cancellation and Termination
If you cancel your GeoCities Plus account before the end of the monthly term, your cancellation will take effect immediately and your GeoCities Plus web site will revert to the size and capacity of a free Yahoo! GeoCities web site. Your access to your site will be limited to deleting files until you are under the free web site capacity limit. In addition, you will no longer have the added benefits and tools of GeoCities Plus. Once you are under the limit, you will be able to fully access and use your site.
If your credit card is invalid for any reason, your Premium Services may be cancelled and all the information contained within your GeoCities Plus web site may be deleted permanently. Yahoo! accepts no liability for information or content that is deleted due to an invalid credit card.
In addition, Yahoo! may immediately terminate your Premium Services for any failure to follow the Agreement by you. Such termination of your Premium Services may result in the deactivation or deletion of your Yahoo! Geocities web site, and the forfeiture and relinquishment of all files contained in your account.
5. OWNERSHIP OF WEB SITE ACCOUNT AND SECURITY
You are responsible for maintaining the security of the GeoCities Plus account, and you are fully responsible for all activities that occur under the GeoCities Plus account and any other actions taken in connection with the web site. You agree to immediately notify Yahoo! of any unauthorized uses of the account or any other breaches of security. Yahoo! cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Yahoo! be liable, in any way, for any of your acts or omissions, including any damages of any kind incurred as a result of such acts or omissions.
6. COMMERCIAL USE
Notwithstanding Section 5(q) of the GeoCities TOS, you may use GeoCities Plus for certain commercial purposes. However, in doing so, you expressly agree that:
a) You may not use these Premium Services to effect online commercial transactions.
b) You are responsible for all goods and services offered in connection with the Premium Services, all materials used or displayed in connection with the Premium Services, and all acts or omissions that occur in connection with your Premium Services account or password.
c) You will display on your web site, your contact information, including at a minimum, your company name, address, telephone number, fax number and email address. You agree to update such information and to keep it true, accurate, current and complete.
d) You may not resell, assign or transfer your rights or obligations under the GeoCities TOS or these Additional Terms.
e) You may not use these Premium Services in a manner which principally provides hosting, storage, or other resources to third parties.
7. YAHOO!'S RESERVATION OF RIGHTS
Yahoo! expressly reserves the right to immediately modify, suspend or terminate your account and refuse current or future use of any Yahoo! service, including GeoCities Plus, if Yahoo!, in its sole discretion believes you or someone on the GeoCities Plus account has: (i) violated or tried to violate the rights of others; or (ii) acted inconsistently with the spirit or letter of the GeoCities TOS or these Additional Terms.
8. INVALIDITY OF SPECIFIC TERMS
If any provision of these Additional Terms or any document incorporated by reference 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 the such documents remain in full force and effect.
9. LOCATION OF LAWSUIT
The Yahoo! Terms of Service and the GeoCities TOS which apply to your Premium Services, provides that both you and Yahoo! agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California.